Section retrieval-0003 - Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026 - Document excerpt 3 | Zoe
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Authorised by the Parliamentary Counsel
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
(a) a police officer has seized a vehicle under
section 123C; and
(b) one of the following (each a forfeiture
event) applies—
(i) the release application period ends and
no release application has been made
for the vehicle within the period;
(ii) each release application for the vehicle
has been refused and no application for
internal review has been made within
the review period;
(iii) each internal review decision has
confirmed each original decision and
no application for external review has
been made under the QCAT Act within
the period provided under that Act;
(iv) each application to QCAT for external
review of an internal review decision
has resulted in a decision to confirm
the internal review decision, or has
been withdrawn or struck out;
(v) a person issued with a release notice
fails to collect the vehicle the subject of
the release notice within 30 days after
the date of the notice.
(2) The vehicle is forfeited to the State on the
forfeiture event.
(3) The commissioner must issue a notice (a
forfeiture notice) for each vehicle forfeited under
this section, stating—
(a) the name and address of the owner of the
vehicle (if known); and
(b) any available identifying particulars of the
vehicle; and
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Authorised by the Parliamentary Counsel
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
(c) the day, time and location the vehicle was
seized; and
(d) that the release application period and
review period are complete; and
(e) that the vehicle is forfeited to the State; and
(f) that the commissioner is empowered to
destroy or otherwise dispose of the vehicle.
(4) If the forfeited vehicle was seized in the
circumstance mentioned in section 123F(1)—
(a) if a release application was made—the
commissioner must ensure the forfeiture
notice is served, either by post or personally,
on the person who made the release
application; or
(b) if a release application was not made or a
release application was made but the
commissioner is not satisfied the applicant
is an owner of the vehicle—the
commissioner must ensure the forfeiture
notice is served, either by post or personally,
on the person who was riding or in
possession of the vehicle.
(5) If the forfeited vehicle was seized in the
circumstance mentioned in section 123F(2)—
(a) if a release application was made—the
commissioner must ensure the forfeiture
notice is served, either by post or personally,
on the person who made the release
application; or
(b) if a release application was not made or a
release application was made but the
commissioner is not satisfied the applicant
is an owner of the vehicle—the
commissioner must publish the forfeiture
notice on the police service website.
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Authorised by the Parliamentary Counsel
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
(6) If the forfeited vehicle was seized in the
circumstance mentioned in section 123F(3), the
commissioner must ensure the forfeiture notice is
served, either by post or personally, on the shared
e-mobility provider.
123Q Disposal of forfeited vehicles
(1) The commissioner may dispose of a vehicle
forfeited to the State under this part in the way the
commissioner considers appropriate, including
by—
(a) destroying the vehicle; or
(b) if satisfied the vehicle is not a prohibited
bike or is eligible to be registered—selling
the vehicle.
(2) The commissioner may arrange for the disposal of
a vehicle to be carried out by a government
agency or third party.
123R Application of proceeds of sale
(1) This section applies if the commissioner decides
to sell a vehicle under section 123Q.
(2) The proceeds of the sale are to be applied in the
following order—
(a) in payment of the expenses of the sale;
(b) in payment of other reasonable costs
incurred by the State in dealing with the
vehicle, including, for example, the costs of
seizing, removing and storing the vehicle
and giving the seizure notice and forfeiture
notice;
(c) if there is an amount owing to a person
under a security interest registered for the
vehicle under the Personal Property
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
Securities Act 2009 (Cwlth)—in payment of
the amount owing to the holder of the
security interest;
(d) in payment of any balance to the
consolidated fund.
123S Liability for costs
(1) This section applies if—
(a) a vehicle has been disposed of under section
123Q; and
(b) the costs mentioned in section 123R(2)(a)
and (b) have not been met by the proceeds
of the sale of the vehicle or otherwise by an
entity other than the State; and
(c) the identity of the person who was, at the
time the vehicle was seized, an owner or
rider of the vehicle is known to the
commissioner.
(2) The commissioner may give the person a notice (a
costs notice) in the approved form stating—
(a) the reasonable costs incurred by the State in
dealing with and disposing of the vehicle;
and
(b) any portion of those costs that has already
been recovered by the State and the costs
outstanding; and
(c) that the person is liable to pay the
outstanding costs to the State, and the ways
the person can pay; and
(d) that if the person does not pay the costs
within 30 days after the date of the notice,
the costs may be recovered as a debt due to
the State.
(3) A person who receives a costs notice under this
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
section is liable to pay the costs stated in the
notice.
(4) The costs stated in a costs notice are payable to,
and recoverable as a debt by, the State.
Part 6 General
123T Limitation of review
(1) Unless the Supreme Court decides a decision
made under this chapter is affected by
jurisdictional error, the decision—
(a) is final and conclusive; and
(b) can not be challenged, appealed against,
reviewed, quashed, set aside or called into
question in any other way under the Judicial
Review Act 1991 or otherwise (whether by
the Supreme Court, another court, a tribunal
or another entity); and
(c) is not subject to any declaratory, injunctive
or other order of the Supreme Court, another
court, a tribunal or another entity on any
ground.
(2) The Judicial Review Act 1991, part 5 applies to a
decision only to the extent it is affected by
jurisdictional error.
(3) In this section—
decision includes a decision or conduct leading up
to or forming part of the process of making a
decision.
123U Evidentiary provision
(1) In a proceeding, a certificate signed by the
commissioner and stating any of the following is
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
evidence of what it states—
(a) that stated steps were taken during the
seizure of a vehicle under section 123C;
(b) that a seizure notice was given or published
under section 123F in a stated way on a
stated day;
(c) that a release application made under
section 123G was considered in a stated way
and notice of the decision was given in a
stated way on a stated day;
(d) that an application for internal review made
under section 123K was considered in a
stated way and notice of the decision was
given in a stated way on a stated day;
(e) that a vehicle was forfeited to the State
under section 123P at the time of a stated
forfeiture event;
(f) that a forfeited vehicle was disposed of
under section 123Q in a stated way on a
stated day.
(2) If, in a criminal proceeding, the prosecuting
authority intends to rely on the certificate, it must,
at least 20 business days before the hearing day,
give a copy of the certificate to the defendant or
the defendant’s lawyer.
(3) If the defendant intends to challenge a matter
stated in the certificate, the defendant must, at
least 15 business days before the hearing day, give
the prosecuting authority notice, in the approved
form, of the matter to be challenged.
(4) If the defendant acts under subsection (3), the
certificate stops being evidence of the matter to be
challenged.
(5) In this section—
hearing day means the day the hearing of the
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
criminal proceeding starts.
prosecuting authority means the entity
responsible for prosecuting the criminal
proceeding.
Note
See also the Road Use Management Act, section 123KA
for evidentiary certificates relating to approved testing
devices.
123V Protection from liability
(1) A police officer acting in good faith and without
negligence is not liable for any damage, loss or
depreciation to a vehicle that occurs during the
seizure, removal or storage of the vehicle under
this chapter.
(2) An officer of a government agency acting in good
faith and without negligence is not liable for any
damage, loss or depreciation to a vehicle that
occurs during the removal or storage of the
vehicle under this chapter.
(3) To remove any doubt, it is declared that
subsections (1) and (2) apply whether the officer
was personally responsible for the removal or
storage of the vehicle or arranged for the removal
or storage to be carried out by another officer or
by a third party.
(4) If subsection (1) or (2) prevents liability attaching
to a police officer or an officer of a government
agency, liability instead attaches to the State.
123W Protection for persons exercising power
under ch 4A
(1) This section applies to proceedings in relation to
liability for breach of duty arising out of damage
to a vehicle that happens when a person exercises
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
power, or assists another person exercising
power, under this chapter in relation to the
seizure, removal or storage of a vehicle.
(2) The person, or a person assisting the person, is not
civilly liable—
(a) because of the paramount or high degree of
importance the person gave to moving the
vehicle off the road, road-related area or
public place quickly; or
(b) to the extent there was an increased
likelihood that a vehicle would be damaged
in the exercise of power mentioned in
subsection (1), because of the nature of the
power.
9 Amendment of s 686 (Application of pt 3)
Section 686(2)(a), after ‘or seized under section’—
insert—
123C or
10 Amendment of s 747 (Definitions for chapter)
Section 747—
insert—
electrically power-assisted cycle see the Road
Use Management Act, schedule 4.
personal mobility device see the Road Use
Management Act, schedule 4.
11 Amendment of s 754 (Evasion offence)
(1) Section 754(1), from ‘another’ to ‘driver’—
omit, insert—
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
another motor vehicle or the driver of an
electrically power-assisted cycle or personal
mobility device a direction to stop the motor
vehicle, electrically power-assisted cycle or
personal mobility device the driver
(2) Section 754(2), from ‘of’ to ‘motor vehicle’, last mention—
omit, insert—
must stop the motor vehicle, electrically
power-assisted cycle or personal mobility device
as soon as reasonably practicable if a reasonable
person would stop the motor vehicle, electrically
power-assisted cycle or personal mobility device
(3) Section 754—
insert—
(5A) Subsection (5) does not apply to an offence that
involves an electrically power-assisted cycle or
personal mobility device.
(4) Section 754(9)—
insert—
drive, in relation to an electrically power-assisted
cycle or personal mobility device, includes ride.
12 Amendment of s 755 (When type 1 vehicle related offence
notice may be given to owner of motor vehicle involved in
offence)
Section 755(1), from ‘type’ to ‘motor vehicle’—
omit, insert—
type 1 vehicle related offence, other than an
offence that involves an electrically
power-assisted cycle or personal mobility device,
it appears to a police officer investigating the
offence that giving the owner of a motor vehicle
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 2 Amendment of Police Powers and Responsibilities Act 2000
13 Amendment of sch 6 (Dictionary)
Schedule 6—
insert—
affected person, for a decision, for chapter 4A,
part 4, see section 123I.
electrically power-assisted cycle, for chapter 22,
see section 747.
extended release application period, for chapter
4A, see section 123A.
extended review period, for chapter 4A, see
section 123A.
forfeiture notice, for chapter 4A, see section
123A.
information notice, for chapter 4A, see section
123A.
internal review, for chapter 4A, see section 123A.
internal review decision, for chapter 4A, part 4,
see section 123I.
original decision, for chapter 4A, see section
123A.
owner, for chapter 4A, see section 123A.
personal mobility device, for chapter 22, see
section 747.
prohibited bike, for chapter 4A, see section 123A.
QCAT information notice, for chapter 4A, part 4,
see section 123I.
release application, for chapter 4A, see section
123A.
release application period, for chapter 4A, see
section 123A.
release notice, for chapter 4A, see section 123A.
Clause 1
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 3 Amendment of State Penalties Enforcement Act 1999
review period, for chapter 4A, see section 123A.
road-related area, for chapter 4A, see section
123A.
seizure notice, for chapter 4A, see section 123A.
shared e-mobility provider, for chapter 4A, see
section 123A.
standard release application period, for chapter
4A, see section 123A.
standard review period, for chapter 4A, see
section 123A.
Part 3 Amendment of State Penalties
Enforcement Act 1999
14 Act amended
This part amends the State Penalties Enforcement Act 1999.
15 Amendment of s 5 (Act has limited application to
children)
(1) Section 5(2), from ‘17 years’ to ‘points offence’—
omit, insert—
16 years is served with an infringement notice for
a prescribed transport offence
(2) Section 5(5)—
insert—
prescribed transport offence means—
(a) a transport demerit points offence; or
(b) an offence against the following provisions
of the Transport Operations (Road Use
Management) Act 1995—
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Transport and Other Legislation (Managing E-mobility Use and Protecting Our
Communities) Amendment Bill 2026
Part 3 Amendment of State Penalties Enforcement Act 1999
(i) section 78(1);
(ii) section 78B;
(iii) section 79(2AAA) or (2AAB);
(iv) section 80(22DA);
(v) section 84, to the extent the offence
involves a bicycle or personal mobility
device;
(vi) section 84AA;
(vii) section 84B;
(viii)section 93; or
(c) an offence against the following provisions
of the Transport Operations (Road Use
Management—Road Rules) Regulation
2009—
(i) section 151;
(ii) part 15, other than sections 246(2) and
256(2).
(3) Section 5(5), definition transport demerit points offence, ‘the
offender’s’—
omit, insert—
an offender’s
16 Insertion of new pt 10, div 11
Part 10—
insert—
Division 11 Transitional provision for
Transport and Other
Legislation (Managing
E-mobility Use and
Protecting Our
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