sec.69AMeaning of type 1 and type 2 vehicle related offences

### sec.69A Meaning of type 1 and type 2 vehicle related offences A type 1 vehicle related offence means— any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out— an offence against the Criminal Code , section 328A committed on a road or in a public place; an offence against the Road Use Management Act , section 83 ; an offence against the Road Use Management Act , section 85 ; an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or an evasion offence; or an offence against the Road Use Management Act , section 85A . Under the Acts Interpretation Act 1954 , section 7 (1) a reference to a law includes a reference to statutory instruments made or in force under the law. At the enactment of this definition, a relevant offence for paragraph (a) (iv) , for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 291 (1) (b) . A type 2 vehicle related offence means any of the following offences— an offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; an offence against the Road Use Management Act , section 78 (1) ; an offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ; an offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ; an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if— a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h. an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 . For subsection (2) (e) , a regulation may only prescribe an offence that involves— the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) . A reference in subsection (2) (e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road. A reference in subsection (2) to an offence against section 78 (1) or 80 (22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 of the Road Use Management Act had been amended by the amendment. A reference in subsection (2) to an offence against section 80 (5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment. These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2) . In this section— amendment means the Transport Legislation and Another Act Amendment Act 2007 , section 57 . defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (Queensland) . s 69A ins 2006 No. 57 s 5 amd 2007 No. 6 s 7 ; 2013 No. 15 s 6 ; 2013 No. 26 s 33 ; 2021 No. 9 s 7 ; 2023 No. 10 s 20 (sec.69A-ssec.1) A type 1 vehicle related offence means— any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out— an offence against the Criminal Code , section 328A committed on a road or in a public place; an offence against the Road Use Management Act , section 83 ; an offence against the Road Use Management Act , section 85 ; an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or an evasion offence; or an offence against the Road Use Management Act , section 85A . Under the Acts Interpretation Act 1954 , section 7 (1) a reference to a law includes a reference to statutory instruments made or in force under the law. At the enactment of this definition, a relevant offence for paragraph (a) (iv) , for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 291 (1) (b) . (sec.69A-ssec.2) A type 2 vehicle related offence means any of the following offences— an offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; an offence against the Road Use Management Act , section 78 (1) ; an offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ; an offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ; an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if— a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h. an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 . (sec.69A-ssec.3) For subsection (2) (e) , a regulation may only prescribe an offence that involves— the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) . (sec.69A-ssec.3A) A reference in subsection (2) (e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road. (sec.69A-ssec.4) A reference in subsection (2) to an offence against section 78 (1) or 80 (22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 of the Road Use Management Act had been amended by the amendment. (sec.69A-ssec.5) A reference in subsection (2) to an offence against section 80 (5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment. These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2) . (sec.69A-ssec.6) In this section— amendment means the Transport Legislation and Another Act Amendment Act 2007 , section 57 . defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (Queensland) . - (a) any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out— (i) an offence against the Criminal Code , section 328A committed on a road or in a public place; (ii) an offence against the Road Use Management Act , section 83 ; (iii) an offence against the Road Use Management Act , section 85 ; (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or - (i) an offence against the Criminal Code , section 328A committed on a road or in a public place; - (ii) an offence against the Road Use Management Act , section 83 ; - (iii) an offence against the Road Use Management Act , section 85 ; - (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or - (b) an evasion offence; or - (c) an offence against the Road Use Management Act , section 85A . - (i) an offence against the Criminal Code , section 328A committed on a road or in a public place; - (ii) an offence against the Road Use Management Act , section 83 ; - (iii) an offence against the Road Use Management Act , section 85 ; - (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or - (a) an offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; - (b) an offence against the Road Use Management Act , section 78 (1) ; - (c) an offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ; - (d) an offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ; - (e) an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if— (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; - (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and - (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; - (f) an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h. Example of relevant offence for paragraph (f) — an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 . - (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and - (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; - (a) the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or - (b) the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) .