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(i) refuses, or is unable, to show
acceptable evidence of age of the
person; or
(ii) shows acceptable evidence of age
showing the person is under 16 years;
and
(b) the officer reasonably suspects the thing is
evidence of an offence against the Summary
Offences Act 2005, section 19Q(1) or
19S(2).
(4) In this section—
acceptable evidence of age see the Summary
Offences Act 2005, schedule 2.
controlled vehicle see the Summary Offences Act
2005, section 19O.
7 Amendment of s 52 (Prevention of offences—general)
(1) Section 52, examples, ‘Examples of continuation’—
omit, insert—
Examples of preventing the continuation
(2) Section 52, examples of preventing the continuation of an
offence as amended by this Act—
insert—
3 A police officer who stops a child unlawfully riding
an e-mobility device may take possession of the
device to prevent the child continuing to ride it
when the officer leaves the area, on the basis that
the device will later be released to the child’s parent
or another responsible adult for the child.
8 Insertion of new ch 4A
After chapter 4—
insert—
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
Chapter 4A Removal and
destruction powers
for prohibited bikes
on roads or in public
places
Part 1 Preliminary
123A Definitions for ch 4A
In this chapter—
extended release application period means the
release application period extended under section
123G(4).
extended review period, for a release application,
means the review period extended under section
123L(2).
forfeiture notice see section 123P(3).
information notice, for an original decision, see
section 123H(4).
internal review, of an original decision, see
section 123K(1).
original decision means a decision on a release
application made under section 123H.
owner includes a joint owner and a part owner.
prohibited bike see the Road Use Management
Act, section 6.
release application means an application for the
release of a seized vehicle made under section
123G.
release application period, for a vehicle seized
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under section 123C, means—
(a) the standard release application period; or
(b) the extended release application period.
release notice see section 123H(3).
review period, for a release application decided
under section 123H, means—
(a) the standard review period; or
(b) the extended review period.
road-related area has the meaning given under a
regulation made under the Road Use Management
Act.
Note
See section 13 of the Queensland Road Rules.
seizure notice see section 123F(7).
shared e-mobility provider see the Road Use
Management Act, section 48AA(7).
standard release application period, for a vehicle
seized under section 123C, means the period of 30
days after the day of seizure.
standard review period, for a release application
decided under section 123H, means the period of
28 days after the day notice of the original
decision is given.
123B Relationship to National Credit Code
Nothing in this chapter affects the rights of a
credit provider to repossess a vehicle under the
National Credit Code and sell it.
Part 2 Seizing prohibited
bikes
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
123C Seizure of prohibited bike on road, on
road-related area or in public place
(1) This section applies if a police officer reasonably
suspects that—
(a) a vehicle is a prohibited bike; and
(b) the vehicle is being, or has been, ridden on a
road, on a road-related area or in a public
place.
Example of reasonable suspicion that a vehicle reasonably
suspected of being a prohibited bike has been ridden in a
public place
A police officer finds a vehicle reasonably suspected of
being a prohibited bike chained to a post in a public
place and reasonably suspects it was unlawfully ridden
to reach that location.
(2) The police officer may seize the vehicle.
123D Particular powers for seizing prohibited
bike—attended seizure
(1) To seize a vehicle under this part if a person is
riding or in possession of the vehicle, a police
officer may—
(a) stop the vehicle if it is moving, whether or
not the vehicle is on a road; or
(b) if the vehicle is stationary—require the
person to remain at the place where it is
stopped for the time reasonably necessary;
or
(c) direct the person to give the police officer
any key or code needed to move the vehicle;
or
(d) remove any chain or lock securing the
vehicle in place; or
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(e) require the person to state the person’s name
and address and the name and address of the
owner of the vehicle; or
(f) do anything else reasonably necessary for
seizing the vehicle.
(2) After seizing a vehicle, a police officer may move
the vehicle, or arrange for the vehicle to be moved
by a government agency or third party, to a
holding yard or storage facility in the way the
police officer considers appropriate.
123E Particular powers for seizing prohibited
bike—unattended seizure
(1) To seize a vehicle under this part if the vehicle is
unattended, a police officer may—
(a) remove any chain or lock securing the
vehicle in place; or
(b) do anything else reasonably necessary for
seizing the vehicle.
(2) After seizing a vehicle, a police officer may move
the vehicle, or arrange for the vehicle to be moved
by a government agency or third party, to a
holding yard or storage facility in the way the
police officer considers appropriate.
123F Steps after seizing prohibited bike
(1) If a police officer seizes a vehicle under this part
where a person was riding or in possession of the
vehicle, the officer must ensure the person is
personally served with a seizure notice.
(2) If a police officer seizes a vehicle under this part
where the vehicle is unattended, the officer must
publish a seizure notice on the police service
website.
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(3) If a police officer seizes a vehicle under this part
that the officer reasonably suspects belongs to a
shared e-mobility provider, the officer must serve
a seizure notice on the shared e-mobility provider
for the vehicle.
(4) Subsection (3) applies regardless of whether at the
time of seizure a person was in possession of the
vehicle or the vehicle was unattended.
(5) The service or publication of a seizure notice
under this section must be done as soon as
practicable and no later than 7 days after the day
the vehicle was seized.
(6) A police officer need not publish a seizure notice
required by subsection (2) if the officer
reasonably believes the vehicle is abandoned.
(7) In this section—
seizure notice means a notice in the approved
form stating—
(a) the day, time and location of the seizure; and
(b) any available identifying particulars of the
vehicle; and
(c) the identity of the rider of, or person in
possession of, the vehicle (if known); and
(d) the storage location of the vehicle; and
(e) the requirements for making a release
application for the vehicle; and
(f) that if no valid release application is made
within the release application period, the
vehicle will be forfeited to the State and
may be destroyed or otherwise disposed of.
Part 3 Application for release
of vehicle
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123G Release application
(1) This section applies to a seized vehicle described
in a seizure notice given or published under
section 123F.
(2) A person who claims to be an owner of the vehicle
may apply to the commissioner for the release of
the vehicle.
(3) The release application must—
(a) be in the approved form; and
(b) be made within the standard release
application period; and
(c) contain information to establish—
(i) the person is an owner of the vehicle;
and
(ii) the grounds on which the vehicle
should be released.
Example of information to establish the grounds on which
the vehicle should be released—
CCTV footage showing that the vehicle was brought to
the public place in a lawful way and was not ridden in
the public place
(4) Despite subsection (3)(b), the commissioner may,
before the end of the standard release application
period, extend the period for making an
application by a further period of up to 30 days if
satisfied the extension is reasonable in the
interests of justice.
123H Deciding application
(1) The commissioner must decide a release
application within 28 days after receiving it and
either release or refuse to release the vehicle the
subject of the application.
(2) The commissioner must release the vehicle if
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satisfied the applicant is an owner of the vehicle
and—
(a) the vehicle is registered and may lawfully be
used in a public place; or
(b) the vehicle is otherwise not a prohibited
bike; or
(c) the applicant was not responsible for, and
did not authorise, the suspected riding of the
vehicle on a road, on a road-related area or
in a public place; or
(d) the vehicle was not ridden on a road, on a
road-related area or in a public place.
(3) If the commissioner decides to release the vehicle,
the commissioner must give the applicant written
notice of the decision (a release notice), stating—
(a) the release application is granted; and
(b) that the applicant may collect the vehicle
from a stated place during stated hours; and
(c) that if the applicant does not collect the
vehicle within 30 days after the date of the
release notice, the vehicle will be forfeited
to the State and may be disposed of.
(4) If the commissioner refuses to release the vehicle,
the commissioner must give the applicant written
notice of the decision (an information notice),
stating—
(a) that the release application is refused; and
(b) the reasons for the decision, including
whether the refusal is because of failure to
satisfy the commissioner of the applicant’s
claim to ownership of the vehicle or failure
to establish grounds on which the vehicle
should be released; and
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Note—
See also the Acts Interpretation Act 1954, section
27B for matters that must be included with the
reasons.
(c) that the applicant may apply for internal
review of the decision within the review
period; and
(d) the requirements for applying; and
(e) that if no application for internal review is
made within the review period, the vehicle
will be forfeited to the State and may be
destroyed or otherwise disposed of.
Part 4 Review of decisions
Division 1 Preliminary
123I Definitions for part
In this part—
affected person, in relation to an original
decision, means a person whose release
application is refused.
internal review decision means a decision made,
or taken to have been made, under section 123M
on an application for internal review of an original
decision.
QCAT information notice, for an internal review
decision, means a notice complying with the
QCAT Act, section 157(2).
Division 2 Internal review
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123J Review process must start with internal
review
An affected person for an original decision may
apply to QCAT for a review of the decision only
if a decision on an application for internal review
of the decision has been made, or taken to have
been made, under this division.
123K Who may apply for internal review
(1) An affected person for an original decision may
apply to the commissioner for a review of the
decision under this division (an internal review).
(2) If the affected person has not been given an
information notice for the original decision, the
affected person may ask the commissioner for an
information notice for the decision.
(3) A failure by the commissioner to give the affected
person an information notice for the original
decision does not limit or otherwise affect the
person’s right to apply for an internal review of
the decision.
123L Requirements for application
(1) An application for internal review of an original
decision must—
(a) be in the approved form; and
(b) for a person who has been given an
information notice for the decision—include
enough information to enable the reviewer
to decide the application; and
(c) be made to the commissioner within—
(i) for a person who has been given an
information notice for the
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decision—28 days after the day the
person is given the notice; or
(ii) for a person who has not been given an
information notice for the
decision—28 days after the day the
person becomes aware of the decision.
(2) The commissioner may extend the period within
which the application for internal review may be
made by a further period of no more than 28 days.
123M Internal review
(1) The commissioner must, within 20 days after
receiving an application for internal review—
(a) review the original decision and either—
(i) confirm the original decision; or
(ii) substitute another decision for the
original decision; and
(b) give the affected person for the original
decision a QCAT information notice for the
commissioner’s decision under paragraph
(a).
(2) The commissioner and the affected person may,
before the period stated in subsection (1) ends,
agree to a longer period for the chief executive to
comply with the subsection.
(3) The application may be dealt with only by a
person who—
(a) did not make the original decision; and
(b) holds a rank equivalent to or higher than the
person who made the original decision.
(4) Subsection (3) does not apply to an original
decision made by the commissioner personally.
(5) If the commissioner does not give the affected
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person a QCAT information notice within the
period required under subsection (1) or a longer
period agreed under subsection (2), the
commissioner is taken to confirm the original
decision.
(6) If the commissioner decides to substitute for the
original decision a decision to release the vehicle,
the commissioner must give the affected person
for the original decision a release notice.
Division 3 External review
123N Applying for external review
(1) This section applies to a person who must be
given a QCAT information notice for an internal
review decision.
(2) The person may apply to QCAT, as provided
under the QCAT Act, for a review of the internal
review decision.
123O Notice of external review application
A person who applies to QCAT for a review of an
internal review decision must, within 7 days after
filing the application in the QCAT registry, give
the commissioner notice of the application in the
approved form.
Part 5 Forfeiture and disposal
of prohibited bikes
123P Forfeiture of prohibited bikes
(1) This section applies if—
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