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Call for Submissions

Submissions closed on Friday, 1 February 2013.

Objectives

The primary objectives of the Bill, as set out in the Explanatory Notes, are to amend the:

1. Police Powers and Responsibilities Act 2000 to:

• meet the Government’s commitment to introduce the toughest anti-hooning laws in the nation; and
• make additional amendments that address administrative and operational inefficiencies in the type 1 and 2 vehicle impoundment schemes.

This Bill amends chapter 4 of the Police Powers and Responsibilities Act 2000.  This chapter provides two schemes for the impoundment and forfeiture of motor vehicles – namely, the type 1 and type 2 vehicle impoundment schemes.  The type 1 vehicle impoundment scheme applies to a range of traffic offences commonly associated with hooning.  The type 2 vehicle impoundment scheme applies to offences such as unlicensed and unregistered driving. 

The amendments include the following:

• increasing the sanction for the type 1 vehicle impoundment scheme to 90 days impoundment for the first offence and forfeiture for the second offence;
• including “evade police” offences and “high end speeding” (>40 km/hr above the speed limit) as type 1 and type 2 vehicle related offences respectively;
• increasing type 2 impoundment sanctions to 7 days for the second type 2 vehicle related offence, 90 days for the third type 2 vehicle related offence and forfeiture for any subsequent type 2 vehicle related offence;
• increasing the relevant period for vehicle impoundment offences from 3 to 5 years;
• amending the definition of ‘burnout’;
• allowing proceedings to commence, where applicable, by Traffic Infringement Notice (TIN), rather than having to proceed by way of a Notice to Appear or arrest;
• amending the impoundment and forfeiture processes to operate automatically rather than through court applications;
• removing the requirement that repeat offences under the type 2 vehicle impoundment scheme must be the same type as the ‘pre-impoundment offence’;
• allowing additional methods of impoundment including tow and store, immobilisation, clamping, crushing, removal of registration plates and the use of vehicle production notices;
• allowing certain people to apply to the Commissioner for the release of impounded vehicles and to allow these applications to be appealable to a Magistrates Court;
• allowing the early return of a vehicle where specific offences that created the impoundment have been remedied (e.g., payment of registration and insurance fees and obtaining a driver’s licence); and
• other technical and minor drafting amendments.

2. Corrective Services Act 2006 to:

• provide that remanded prisoners, not sentenced to a term of imprisonment, can only be given a maximum or high security classification; and
• remove the requirement to review remanded prisoners’ security classification if they are classified as a high security.

The proposed amendments to the Corrective Services Act 2006 will reduce red tape and aligns with the Department of Community Safety’s commitment to redirect resources to front line services.

Other Information

The Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the Explanatory Speech for the Bill can be found here.

Public Briefing

The Committee held a public briefing on the Bill with the Queensland Police Service at Parliament House, Brisbane on Wednesday 13 February 2013 from 9.00am – 11.00am. The briefing was also broadcast live on the Queensland Parliament website.

Reasons for the Bill

The reasons for the Bill appear on pages 1-2 of the Explanatory Notes which can be viewed here.

Referral

On 27 November 2012, the Minister for Police and Community Safety, Hon Jack Dempsey MP, introduced the Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012 into the Queensland Parliament. 

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration.

By motion of the House, the Committee must report back to Parliament by 12 March 2013.

Report

On 12 March 2013, the Committee tabled its Report No. 24, Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 15 April 2013. A copy of the Government Response is available here or can be accessed at Related Publications.

The Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Bill 2012 was passed by the Legislative Assembly on 16 April 2013.