Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 99

(1) On the hearing of an application for a forfeiture order for a type 1 vehicle related offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motor vehicle has been found guilty of a type 1 vehicle related offence committed on 3 occasions within the prescribed period.

Note—

Section 110 makes provision for enforcing the order.

(2) If—

(a) under subsection (1), the relevant court orders the impounding of the motor vehicle to which the application relates; and

(b) a relevant court has previously made an impounding order under section 98 for a type 1 vehicle related offence committed within the relevant period and forming the basis of the application;

the motor vehicle is impounded under subsection (1) for the type 1 vehicle related offence giving rise to the application for the forfeiture order and not for a type 1 vehicle related offence to which the impounding order under section 98 relates.

(3) Also, if the driver of the motor vehicle was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103.

(4) Despite subsection (1), the relevant court may—

(a) make an order under section 102 for the performance by the driver of the motor vehicle of community service as decided by the court; and

(b) order that the motor vehicle be released to the owner.

(5) Also, if an owner of the motor vehicle raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motor vehicle be released to the owner.

(6) On the making of a forfeiture order for a motor vehicle—

(a) the vehicle becomes the property of the State; and

(b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.