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21 December 2011
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011 –
call for submissions
The Legal Affairs, Police, Corrective Services and Emergency Services Committee (the
committee) is a committee of the Legislative Assembly. The committee has responsibilities in
the portfolio areas of Attorney‐General and Justice (excluding Industrial Relations), Fair
Trading, Police and Community Safety. Part of the committee’s role is to examine Bills
introduced into the Parliament and referred to the committee.
On 15 November 2011, the Legislative Assembly referred the Police Powers and
Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011 to the committee for
examination and report. The committee must report to the Parliament on the Bill by
19 March 2012.
The Bill proposes amendments to the motor vehicle impoundment scheme in the Police
Powers and Responsibilities Act 2000 to:
• allow Police to commence proceedings to impound a motor vehicle with a Traffic
Infringement Notice
• increase the initial impoundment period from 48 hours to 7 days
• extend the time in which Police must make a court application for forfeiture or
impoundment of a motor vehicle from 48 hours to 7 days
• remove the requirement for police to notify registered security interest holder of the
impoundment of the motor vehicle for the initial impoundment period
• introduce an automatic impoundment period of 28 days for certain repeat offences
• allow Police to apply for a court order to impound a motor vehicle for up to 3 months
for certain repeat offences where a Police officer does not consider the 28 day
automatic impoundment period sufficient
• allow the usual driver or the owner to make an application to the Commissioner of
Police to release an impounded motor vehicle where the owner can prove that the
offence occurred without their consent and knowledge or on the grounds that the
continued impoundment would cause severe financial or physical hardship, with an
appeal right to the Magistrates’ Court
• allow a court to impose community service on non‐owner drivers where the owner
has successfully raised a defence to the impoundment or forfeiture of the motor
vehicle
• amend the definition of ‘burn out’ to remove the requirements for smoke to be
produced or for a substance be poured onto the road surface so that it includes a
driver who wilfully causes a loss of traction on one or more of the drive wheels on a
wet or gravel road
• introduce a high end speeding offence where a person drives more that 40km/h over
the speed limit
The Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011,
the Explanatory Notes, and the Hansard transcript of the introduction speech are available on
the committee’s website at www.parliament.qld.gov.au/lapcsesc.
The committee is seeking submissions from the public and stakeholders and invites you to
make a written submission.
The enclosed information sheet provides guidelines on making a submission.
We would appreciate your passing our call for submissions on to anyone you believe might be
interested in this issue.
Written submissions should be emailed to lapcsesc@parliament.qld.gov.au or sent to:
Research Director
Legal Affairs, Police, Corrective Services and Emergency Services Committee
Parliament House
George Street
Brisbane Qld 4000
Please note that submissions close on Friday 3 February 2012.
If you have any queries regarding this matter, please contact the committee secretariat on
(07) 3406 7307. Further information about the committee and its work is available at
www.parliament.qld.gov.au/lapcsesc.
Corrective Services and
Emergency Services Committee
George Street
Brisbane Qld 4000
Ph: 07 3406 7307 Fax: 07 3406 7070
lapcsesc@parliament.qld.gov.au
www.parliament.qld.gov.au/lapcsesc
Police Powers and Responsibilities (Motor Vehicle Impoundment)
Amendment Bill 2011 – call for submissions
Your views and possible ammendments to this Bill
would be appreciated by the committee.
