Police Powers and Responsibilities Act 2000

An Act about the powers and responsibilities of police officers, and for other purposes

1Short title

This Act may be cited as the Police Powers and Responsibilities Act 2000.

2Commencement

(1)This Act, other than sections 379, 373, 374, 375, 376 and 377 and schedules 2 and 3, commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first.

(2)Sections 373, 374, 375, 376 and 377 and schedule 2 commence on the date of assent.

(3)Section 379 and schedule 3 commence on a day to be fixed by proclamation.

s 2 amd 2000 No. 22 s 4

3Dictionary

The dictionary in schedule 6 defines words used in this Act.

4Notes in text

A note in the text of this Act is part of this Act.

s 4 ins 2003 No. 49 s 4

5Purposes of Act

The purposes of this Act are as follows—

(a)to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;

(b)to provide powers necessary for effective modern policing and law enforcement;

(c)to provide consistency in the nature and extent of the powers and responsibilities of police officers;

(d)to standardise the way the powers and responsibilities of police officers are to be exercised;

(e)to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;

(f)to enable the public to better understand the nature and extent of the powers and responsibilities of police officers;

(g)to provide for the forced muster of stray stock.

s 5 amd 2014 No. 13 s 20

6Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

s 6 ins 2005 No. 45 s 4

7Compliance with Act by police officers

(1)It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it.

(2)For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law.

Examples—

1A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.

2A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990.

3A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001.

4A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code, section 355.

s 7 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94 (2) sch 2; 2019 No. 32 s 32 sch 1

8Act does not affect certain principles

(1)This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.

(2)Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.

9Act does not affect constable’s common law powers etc.

Unless this Act otherwise provides, this Act does not affect—

(a)the powers, obligations and liabilities a constable has at common law; or

(b)the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.

10Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings

This Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion or stay the proceeding in the interests of justice.

s 10 amd 2005 No. 45 s 5

11Inconsistency

(1)The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities.

(2)This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer.

(3)To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary.

(4)This section applies subject to section 12.

12Relationship to other Acts

(1)This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1.

Example—

A police officer who has entered a place under section 609 may, under the Public Health Act 2005, section 157B, take a person to a treatment or care place within the meaning of chapter 4A of that Act.

(2)However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1.

Example—

It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place.

(3)Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.

s 12 amd 2000 No. 16 s 590 sch 1 pt 2 (amd 2001 No. 78 s 102 sch 2); 2016 No. 5 s 923 sch 4

13Appointment of police officers as public officials for other Acts

(1)This section applies if—

(a)an Act (authorising law) authorises someone (appointer) to appoint public officials for giving effect to the authorising law; and

(b)a police officer may be appointed as a public official under the authorising law.

(2)Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment.

(3)The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed—

(a)has the necessary experience or expertise to be a public official for the authorising law; or

(b)has satisfactorily completed a course of training approved by the commissioner.

(4)A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section.

(5)If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law.

14Declaration of police officers as public officials

(1)This section applies if, under an express provision of an Act (authorising law), a police officer is a public official.

(2)Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers.

(3)The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer—

(a)has the necessary experience or expertise to be a public official for the authorising law; or

(b)has satisfactorily completed a course of training approved by the commissioner.

Example for subsection (3)—

The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.

s 14 amd 2006 No. 26 s 3 sch 1; 2014 No. 7 s 578 sch 4 pt 2

15Authorising provisions of other Acts apply subject to ss 13–14

A provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14.

16Helping public officials exercise powers under other Acts

(1)This section applies if an Act (authorising law) authorises a public official to perform functions in relation to a person or thing.

(2)However, this section only applies to a police officer who is not a public official for the authorising law.

(3)If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law.

(4)Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law.

(5)If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.

(6)The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.

(7)Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.

17Steps police officer may take for failure to give name and address etc. to public official

(1)This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement.

(2)The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.

(3)If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2, part 4, require the person to state the following—

(a)the person’s name and address;

(b)the person’s date of birth.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).

(4)This section does not apply if the public official is a police officer.

18Steps police officer may take for obstruction of public official

(1)This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.

(2)The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.

(3)If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.

(4)This section does not apply if the public official is a police officer.

19General power to enter to make inquiries, investigations or serve documents

(1)The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.

(2)However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.

Note—

See, for example, the Disaster Management Act 2003, section 111.

(3)A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.

Examples for subsection (3)—

1The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.

2The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.

3The entry may be for finding out if a missing person is in the place.

(4)Also, a police officer may enter and stay for a reasonable time on a place to serve a document.

(5)However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.

(6)Also, the police officer may only use minimal force to enter the place.

Example for subsection (6)—

turning a door handle to open an unlocked door and opening the door

s 19 amd 2024 No. 23 s 36 sch 1

20What is a reasonable time to stay on a place

(1)What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.

(2)If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—

(a)ask questions of anyone present at the place;

(b)make any reasonable investigation or observation.

Note—

For the functions of the police service, see the Police Service Administration Act 1990, section 2.3 (Functions of service).

(3)If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.

21General power to enter to arrest or detain someone or enforce warrant

(1)A police officer may enter a place and stay for a reasonable time on the place—

(a)to arrest a person without warrant; or

(b)to arrest a person named in a warrant; or

(c)to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or

(d)to detain a person who may be detained under an order made under section 471, 484, 485, 488 or 514; or

(e)to detain a person under another Act.

Note—

See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards.

(2)If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling.

(3)If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person.

(4)A police officer who enters a place under this section may search the place for the person.

(5)In this section—

arrest, a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.

s 21 amd 2003 No. 49 s 5; 2006 No. 26 s 3 sch 1

21APower to enter residence of reportable offender

(1)A police officer may, at any time, enter premises where a reportable offender generally resides—

(a)to verify the offender’s personal details reported by the offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(b)to carry out an inspection under section 21B.

(2)In this section—

generally reside, for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

personal details, of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

premises, for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.

s 21A ins 2014 No. 34 s 35 sch 1

amd 2017 No. 14 s 41; 2023 No. 21 s 49

21BPower to demand production of and inspect digital devices in possession of reportable offender

(1)This section applies in relation to a reportable offender if—

(a)in the last 3 months, the reportable offender was—

(i)released from government detention; or

(ii)sentenced to a supervision order; or

(b)the reportable offender has been convicted of a device inspection offence; or

(c)a device inspection order is made for the reportable offender under section 21C.

(2)A police officer may—

(a)require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and

(b)inspect a digital device in the reportable offender’s possession.

(3)However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1)(b)—

(a)unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 68(4); or

(b)if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.

(4)For subsection (3)(b), each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.

(5)In this section—

device inspection offence means—

(a)an offence against any of the following provisions of the Criminal Code—

•section 218A

•section 228DA

•section 228DB; or

(b)an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device—

•section 218B

•section 228B

•section 228C

•section 228D

•section 229B; or

(c)an offence against any of the following provisions of the Criminal Code (Cwlth)—

•section 474.22

•section 474.23

•section 474.23A

•section 474.25A

•section 474.25C

•section 474.26

•section 474.27

•section 474.27AA

•section 474.27A; or

(d)an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device—

•section 271.4

•section 271.7

•section 273.6

•section 273.7; or

(e)an offence against either of the following provisions of the Criminal Code (Cwlth), as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)—

•section 474.19

•section 474.20; or

(f)an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information.

government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

inspect, a digital device, includes inspect the digital device using software.

supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

s 21B ins 2017 No. 14 s 42

amd 2018 No. 20 s 19; 2020 No. 7 s 20; 2021 No. 24 s 30

sub 2023 No. 21 s 50

21CMagistrate may make device inspection order for reportable offender

(1)This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B(1)(a) and (b) do not apply.

(2)A police officer may apply to a magistrate for an order (a device inspection order) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.

(3)The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.

(4)In this section—

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

s 21C ins 2023 No. 21 s 50

21DOffence to contravene requirement to produce digital device

(1)A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B(2)(a).

Maximum penalty—300 penalty units or 5 years imprisonment.

(2)It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.

s 21D ins 2023 No. 21 s 50

22Power to enter etc. for relevant laws

(1)For ensuring compliance with a relevant law, a police officer may do any of the following—

(a)at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law;

(b)inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;

(c)seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;

(d)require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;

(e)inspect security measures a person must maintain under the relevant law;

(f)require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e).

(2)A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose.

(3)If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must—

(a)give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and

(b)return the item to the place from which it was taken—

(i)as soon as practicable, but no later than the end of the next day the place is open for business; or

(ii)if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.

(4)Each of the following persons is taken for this section to be a licence holder under a relevant law—

(a)a person who is required under the Drugs Misuse Act 1986, section 43D to keep a register;

(b)a person who is required under the Road Use Management Act, section 133 to record information;

(c)a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.

(5)Also, each of the following places is taken for this section to be a place used under a licence under a relevant law—

(a)a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4)(a);

(aa)a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4)(b);

(b)a place used by a person to carry out activities for which records must be made as mentioned in subsection (4)(c).

(6)In this section—

inspect includes examine and test.

prescribed item means—

(a)a document or thing that is required or permitted to be kept under a relevant law; or

(b)a thing declared under a regulation to be a prescribed item for this section.

s 22 amd 2006 No. 26 s 4; 2014 No. 43 s 15; 2019 No. 26 s 290 sch 2

23What is a reasonable time for entry etc. for a relevant law

(1)A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes—

(a)when the place is open to or used by the public; and

(b)when the police officer may reasonably expect that someone will be present at the place; and

(c)when someone is present at the place.

(2)However, if no-one is at a building on a place a police officer enters under subsection (1)(b), the time stops being a reasonable time for the entry.

s 23 amd 2006 No. 26 s 3 sch 1

24Requirement by a police officer for a relevant law

(1)This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help.

(2)What is reasonable help must be decided according to the particular circumstances.

Examples for subsection (2)—

1It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.

2It may be reasonable for a person to open a safe or strong room where prescribed items are kept.

25Power to demand production of licence etc. for weapons

(1)This section applies if a person is required under the Weapons Act 1990—

(a)to be the holder of a licence or permit to acquire under that Act; or

(b)to have the approval of any person; or

(c)to keep a register or record.

(2)A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents—

(a)the photo licence or permit to acquire;

(b)a certificate or other evidence of approval;

(c)the register or record.

(3)A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents.

(4)However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon.

(5)This section is in addition to, and does not limit, section 22.

26Roadblocks

(1)A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who—

(a)has committed a seven year imprisonment offence; or

(b)may be unlawfully depriving someone else of liberty; or

Note—

For what is unlawful deprivation of liberty, see the Criminal Code, section 355.

(c)is being unlawfully deprived of liberty; or

(d)has escaped from lawful custody; or

(e)may be endangering the life or safety of someone else.

(2)In deciding whether to establish a roadblock, the police officer must have regard to the following—

(a)when and where the relevant circumstances happened;

(b)information the police officer has about where the person sought may be travelling in a vehicle.

(3)A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it.

27Procedure for establishing roadblocks

Before a police officer decides where to establish a roadblock, the senior police officer present must consider—

(a)the effect the roadblock may have on road safety and public safety; and

(b)the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and

(c)any other relevant safety considerations.

Example—

If the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location.

28Record of roadblock to be made

The senior police officer present at a roadblock must ensure—

(a)a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and

(b)a copy of the record is given to a person nominated by the commissioner for the purpose.

29Searching persons without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following—

(a)stop and detain a person;

(b)search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.

(2)The police officer may seize all or part of a thing—

(a)that may provide evidence of the commission of an offence; or

(b)that the person intends to use to cause self harm or harm to someone else; or

(c)if section 30(1)(b) applies, that is an antique firearm.

s 29 amd 2013 No. 45 s 54; 2016 No. 62 s 309; 2023 No. 26 s 24; 2024 No. 24 s 57 sch 1 pt 2

30Prescribed circumstances for searching persons without warrant

(1)The prescribed circumstances for searching a person without a warrant are as follows—

(a)the person has something that may be—

(i)a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

(ii)an unlawful dangerous drug; or

(iii)stolen property; or

(iv)unlawfully obtained property; or

(v)tainted property; or

(vi)evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or

(vii)evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

(viii)evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or

(ix)evidence of the commission of an offence against the Liquor Act 1992, section 168B or 168C;

(b)the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—

(i)because of the person’s mental and physical fitness; or

(ii)because a domestic violence order has been made against the person; or

(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;

(c)the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;

(d)the person has something the person intends to use to cause self harm or harm to someone else;

(e)the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982, section 103 or 104;

(f)the person has committed, is committing, or is about to commit—

(i)an offence against the Racing Act 2002 or Racing Integrity Act 2016; or

(ii)an offence against the Corrective Services Act 2006, section 128, 129 or 132, or the repealed Corrective Services Act 2000, section 96, 97 or 100; or

(iii)an offence that may threaten the security or management of a prison or the security of a prisoner;

(g)the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992, section 161ZI;

(h)the person has committed, or is committing, an offence against the Summary Offences Act 2005, section 10C;

(ha)the person has committed, or is committing, an offence against the Criminal Code, section 52D;

(i)the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders;

(j)the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018, section 15 or 16;

(k)the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity;

(l)the person has failed to comply with a requirement under section 39E, 39F or 39G of a police officer.

(2)For subsection (1)(k), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a)unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b)stops a person from entering or leaving a place of business; or

(c)causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

s 30 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 38; 2002 No. 58 s 398 sch 2; 2006 No. 26 s 5; 2006 No. 29 s 507; 2007 No. 1 s 12; 2008 No. 30 s 45; 2016 No. 12 s 389 sch 2 pt 2; 2016 No. 62 ss 288, 310; 2018 No. 23 s 36; 2019 No. 35 s 3; 2021 No. 9 s 5; 2023 No. 4 s 3; 2023 No. 26 s 25; 2024 No. 24 s 57 sch 1 pt 2

(1)(l) exp 30 April 2025 (see s 39L(a))

31Searching vehicles without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following—

(a)stop a vehicle;

(b)detain a vehicle and the occupants of the vehicle;

(c)search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.

(2)Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects—

(a)the vehicle is being used unlawfully; or

(b)a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006.

(3)If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.

(4)If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.

(5)The police officer may seize all or part of a thing—

(a)that may provide evidence of the commission of an offence; or

(b)that the person intends to use to cause self harm or harm to someone else; or

(c)if section 32(1)(b) applies, that is an antique firearm.

(6)Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5).

s 31 amd 2000 No. 22 s 3 sch; 2000 No. 63 s 276 sch 2; 2006 No. 29 s 508; 2016 No. 62 s 289; 2024 No. 24 s 57 sch 1 pt 2

32Prescribed circumstances for searching vehicle without warrant

(1)It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—

(a)may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

(b)may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—

(i)because of the person’s mental and physical fitness; or

(ii)because a domestic violence order has been made against the person; or

(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or

(c)may be an unlawful dangerous drug; or

(d)may be stolen property; or

(e)may be unlawfully obtained property; or

(f)may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or

(g)may be evidence of the commission of an offence against any of the following—

•the Racing Act 2002

•the Racing Integrity Act 2016

•the Corrective Services Act 2006, section 128, 129 or 132

•the Nature Conservation Act 1992; or

(h)may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or

(i)may be tainted property; or

(j)may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or

(k)may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

(l)may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or

(m)may be something the person intends to use to cause self harm or harm to someone else; or

(n)may be evidence of the commission of an offence against the Penalties and Sentences Act 1992, section 161ZI; or

(o)may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018, section 15 or 16; or

(p)may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.

(2)Also, the following are prescribed circumstances for searching a vehicle without a warrant—

(a)the driver or a passenger in the vehicle has committed, or is committing, an offence against—

(i)the Summary Offences Act 2005, section 10C; or

(ii)the Criminal Code, section 52D;

(b)the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(3)For subsection (1)(p), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a)unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b)stops a person from entering or leaving a place of business; or

(c)causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

s 32 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 39; 2006 No. 26 s 6; 2006 No. 29 s 509; 2007 No. 1 s 13; 2013 No. 45 s 55; 2016 No. 12 s 389 sch 2 pt 2; 2016 No. 48 s 8; 2016 No. 62 ss 290, 311; 2018 No. 23 s 37; 2019 No. 35 s 4; 2023 No. 26 s 26; 2024 No. 24 s 57 sch 1 pt 2

33Searching public places without warrant

(1)It is lawful for a police officer to exercise the following powers in a public place without a search warrant—

(a)power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f);

(b)power to search the public place for anything that may be evidence of the commission of an offence;

(c)power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;

(d)power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;

(e)power to dig up land;

(f)power to open anything that is locked.

(2)However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—

(a)with the consent of the occupier of the place; or

(b)under a search warrant; or

(c)under chapter 7, part 2.

(3)If the occupier consents, the police officer may exercise search warrant powers at the place.

ch 2 pt 3 hdg ins 2005 No. 63 s 4

amd 2013 No. 46 s 77

34Definitions for pt 3

In this part—

body art tattooing business see the Tattoo Industry Act 2013, schedule 1.

s 34 def body art tattooing business ins 2013 No. 46 s 78 (1)

amd 2016 No. 62 s 493 sch 1 pt 2

detection dog means—

(a)a drug detection dog; or

(b)a firearms and explosives detection dog.

s 34 def detection dog ins 2013 No. 46 s 78 (1)

amd 2016 No. 48 s 18 sch 1

drug detection includes—

(a)walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and

(b)walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.

drug detection dog means a dog trained to detect unlawful dangerous drugs.

event means—

(a)a major event; or

(b)a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001; or

(c)a sports, recreational or entertainment event, not mentioned in paragraph (b), that is open to the public, whether on payment of a fee or not.

Example of an entertainment event for paragraph (c)—

a musical concert held at the Mt Gravatt showgrounds

s 34 def event amd 2014 No. 60 s 96

explosives detection includes—

(a)walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and

(b)walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.

s 34 def explosives detection ins 2013 No. 46 s 78 (1)

amd 2016 No. 48 s 18 sch 1

handler, of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990.

s 34 def handler amd 2013 No. 46 s 78 (2)

licensed premises ...

s 34 def licensed premises om 2014 No. 42 s 103

tattoo parlour means a place at which a body art tattooing business is being conducted.

s 34 def tattoo parlour ins 2013 No. 46 s 78 (1)

unlawful dangerous drug—

(a)means a dangerous drug mentioned in the Drugs Misuse Regulation 1987, schedule 1; and

(b)includes—

(i)Gamma hydroxybutyric acid, commonly known as GBH; and

(ii)3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.

s 34 ins 2005 No. 63 s 4

35Use of detection dogs in particular places

(1)A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.

(2)A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.

(3)This section applies despite any other law.

(4)In this section—

relevant person or thing means—

(a)a person who is in a public place; or

(b)a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or

(c)a person who is about to enter, is in, or is leaving, licensed premises; or

(d)a person who is about to enter, is in, or is leaving, a tattoo parlour; or

(e)a thing in a place mentioned in paragraph (a), (b), (c) or (d), or on land associated with the place, whether or not the thing is in the physical possession of a person.

s 35 ins 2005 No. 63 s 4

amd 2013 No. 46 s 79

sub 2016 No. 48 s 9

amd 2016 No. 48 s 18 sch 1 (amdt could not be given effect)

36Police officers and detection dogs may enter and remain on particular places

(1)For carrying out drug detection under section 35(1), a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.

(2)For carrying out explosives detection under section 35(2), a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.

(3)For subsections (1) and (2), the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place.

Example of land associated with a relevant place—

land on which car parking is provided for patrons of the relevant place

(4)This section applies despite any other law.

(5)In this section—

relevant place means—

(a)a public place; or

(b)a place at which an event is being held; or

(c)licensed premises; or

(d)a tattoo parlour.

s 36 ins 2005 No. 63 s 4

amd 2013 No. 46 s 80

sub 2016 No. 48 s 9

amd 2016 No. 48 s 18 sch 1 (amdts could not be given effect)

37Reasonable suspicion may be based on indication of detection dog

(1)This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle.

(2)It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms—

(a)on the person or on, or in, a thing in the person’s physical possession; or

(b)on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or

(c)in the vehicle.

s 37 ins 2005 No. 63 s 4

sub 2013 No. 46 s 81

38Protection from liability for acts done by detection dogs

(1)This section applies if—

(a)the handler of a detection dog is using the detection dog to carry out detection; and

(b)the detection dog—

(i)physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or

(ii)causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.

(2)The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.

(3)The State does not incur civil liability in the circumstances to which this section applies—

(a)for an act done by the detection dog; or

(b)for an act or omission of the handler.

(4)However, if—

(a)the act of the detection dog; or

(b)the act or omission of the handler;

causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State.

(5)The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code, section 289.

(6)This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility.

Examples of other Acts that may limit civil liability or criminal responsibility—

•Civil Liability Act 2003

•Criminal Code, sections 25, 271, 272 and 273

•Police Service Administration Act 1990, section 10.5

(7)In this section—

bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm.

detection means drug detection under section 35(1) or explosives detection under section 35(2).

handler, of a detection dog, includes a police officer helping the handler of the detection dog.

s 38 ins 2005 No. 63 s 4

amd 2013 No. 46 s 82

39Effect of part on use of detection dogs under search warrants

To remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant.

s 39 ins 2005 No. 63 s 4

amd 2013 No. 46 s 83; 2016 No. 48 s 18 sch 1

ch 2 pt 3A hdg ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39A Definitions for part

In this part—

hand held scanner authority see section 39C(4).

public transport station see section 39B.

public transport vehicle means the following vehicles, within the meaning of the Transport Operations (Passenger Transport) Act 1994—

(a)a train or other public passenger vehicle being operated by a railway manager or railway operator;

(b)a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;

(c)a bus or other motor vehicle being used for a general route service;

(d)a ferry being used for a general route service.

senior police officer means—

(a)a police officer of at least the rank of inspector; or

(b)a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part.

use, a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person’s belongings.

s 39A ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39B Meaning of public transport station

A public transport station—

(a)is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and

Examples—

The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994—

•a railway station or platform

•a light rail station or platform

•facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange

•a bus station

•a bus stop, including the area in the immediate vicinity of the bus stop

•a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.

(b)includes—

(i)car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and

(ii)another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and

Examples of other structures or facilities—

overhead or underground walkways between platforms, footpaths, seating

(iii)landscaping associated with the station, platform or structure.

s 39B ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39C Use of hand held scanner authorised by senior police officer

(1)A senior police officer may authorise the use of a hand held scanner—

(a)in a safe night precinct (a relevant place); or

(b)at a public transport station and on public transport vehicles travelling to and from the station (each also a relevant place).

(2)However, the senior police officer may issue an authority only if—

(a)any of the following happened at the relevant place in the previous 6 months—

(i)at least 1 offence was committed by a person armed with a knife or other weapon;

(ii)at least 1 seven year imprisonment offence against the Criminal Code involving violence against a person was committed;

(iii)more than 1 offence against the Weapons Act 1990, section 50(1) or 51(1) was committed; and

Notes—

1The Weapons Act 1990, section 50 makes it an offence for a person to unlawfully possess a weapon.

2The Weapons Act 1990, section 51 makes it an offence for a person to physically possess a knife in a public place or a school without a reasonable excuse.

(b)the senior police officer considers the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon; and

(c)the senior police officer has considered—

(i)the effect the use of hand held scanners may have on lawful activity at the relevant place; and

(ii)if the use of hand held scanners has previously been authorised for the relevant place—whether the use of hand held scanners under the authority identified persons carrying knives or other weapons.

(3)For subsection (1), travelling to and from a public transport station means travelling within 1 scheduled stop in any direction of that public transport station.

(4)An authority issued under this section is a hand held scanner authority.

s 39C ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39D Form and effect of hand held scanner authority

(1)A hand held scanner authority must state—

(a)the day and time the authority starts; and

(b)the place for which the authority is issued, as follows—

(i)for a hand held scanner authority issued for a safe night precinct—the name of the safe night precinct;

(ii)for a hand held scanner authority issued for a public transport station—the name of the public transport station.

(2)The hand held scanner authority has effect for 12 hours after the authority starts.

s 39D ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39E Authorised use of hand held scanner without warrant in safe night precinct

(1)This section applies if a hand held scanner authority is in effect for a safe night precinct.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner—

(a)in a public place in the safe night precinct; or

(b)in a public place at a public transport station in the safe night precinct.

(3)To remove any doubt, it is declared that a hand held scanner authority issued for a safe night precinct does not authorise the use of a hand held scanner on board a public transport vehicle that is in the safe night precinct.

s 39E ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39F Authorised use of hand held scanner without warrant at public transport station and on board public transport vehicles

(1)This section applies if a hand held scanner authority is in effect for a public transport station.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner—

(a)in a public place at the public transport station; or

(b)on board a public transport vehicle while the vehicle is travelling within 1 scheduled stop in any direction of that public transport station; or

(c)if the person leaves the public transport vehicle within 1 scheduled stop of the public transport station—in a public place at the public transport station at that scheduled stop.

(3)If a police officer starts to exercise a power in relation to a person under this section or section 39G while on board a public transport vehicle travelling in the area mentioned in subsection (2)(b), the police officer may continue to exercise the power in relation to the person, even if the vehicle travels out of that area.

s 39F ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39G Requirements if hand held scanner indicates metal

(1)This section applies if—

(a)a police officer uses a hand held scanner in relation to a person under a hand held scanner authority; and

(b)the hand held scanner indicates that metal is, or is likely to be, present.

(2)The police officer may require the person—

(a)to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and

(b)to resubmit to the use of a hand held scanner.

Notes—

1See also section 39F(3) in relation to the continued use of a power under this section.

2See sections 29 and 30(1)(l) for the power to search a person without a warrant.

s 39G ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39H Safeguards for exercise of powers

(1)This section applies if a police officer exercises a power under a hand held scanner authority to require a person to stop and submit, or resubmit, to the use of a hand held scanner.

(2)The police officer must exercise the power in the least invasive way that is practicable in the circumstances.

(3)The police officer may detain the person for so long as is reasonably necessary to exercise the power.

(4)The police officer must—

(a)if requested by the person, inform the person of the police officer’s name, rank and station; and

(b)if requested by the person, provide the information mentioned in paragraph (a) in writing; and

(c)produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and

(d)inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and

(e)offer to give the person a hand held scanner information notice and, if the person accepts the offer, give the notice to the person.

(5)Section 637 does not apply if a police officer stops or detains a person under this part.

(6)In this section—

hand held scanner information notice see section 39I.

s 39H ins 2021 No. 9 s 6

sub 2023 No. 4 s 4

amd 2024 No. 24 s 34

exp 30 April 2025 (see s 39L(b))

39I Meaning of hand held scanner information notice

A hand held scanner information notice is a written notice that states—

(a)the person is in a public place in a safe night precinct or at a public transport station or on board a public transport vehicle within 1 scheduled stop of a particular public transport station; and

(b)a police officer has the power to require the person to—

(i)stop and allow, or allow again, the use of a hand held scanner in relation to the person and the person’s belongings to determine whether the person is carrying a knife or other weapon; and

(ii)produce a thing that may be causing a hand held scanner to indicate that metal is, or is likely to be, present; and

(c)it is an offence for the person not to comply with the requirement unless the person has a reasonable excuse.

s 39I ins 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39J Notice of hand held scanner authority to be published

(1)The commissioner must publish notice about a hand held scanner authority on the police service website within 2 months after the authority is issued.

(2)The notice must state—

(a)the name of the safe night precinct or public transport station for which the hand held scanner authority was issued; and

(b)the day and time the authority started and ended; and

(c)information about—

(i)the offences mentioned in section 39C(2)(a) that were known to the senior police officer who issued the authority; and

(ii)the senior police officer’s consideration of the matters mentioned in section 39C(2)(b) and (c) in relation to issuing the authority.

s 39J ins 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39K Effect of part on power to search person without warrant

To remove any doubt, it is declared that—

(a)the power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and

(b)this part does not affect the power of a police officer to search a person without a warrant under part 2, division 2.

s 39K ins 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

39L Expiry of particular provisions

The following provisions expire on 30 April 2025—

(a)section 30(1)(l);

(b)this part;

(c)schedule 6, definitions—

•enforcement act, paragraph (a)(iia)

•hand held scanner authority

•public transport station

•public transport vehicle

•search, paragraph (d)

•senior police officer, paragraph (aa)

•use, paragraph (aa)

•weapon, paragraph (b).

s 39L ins 2023 No. 4 s 4

exp 30 April 2025 (see s 39L(b))

40Person may be required to state name and address

(1)A police officer may require a person to state the person’s correct name and address in prescribed circumstances.

(2)Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence.

(3)A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved—

(a)for section 41(a) or (b)—to have committed the offence; or

(b)for section 41(f)—to be the person named in the warrant, summons, order or court document; or

(c)for section 41(h)—to have been involved or to be about to be involved in domestic violence or associated domestic violence; or

(d)for section 41(i) or (j)—to have been able to help in the investigation.

(4)Also, a person does not commit an offence against section 791 if—

(a)the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and

(b)no-one is proved to have committed an offence against that Act.

(5)In this section—

address means current place of residence.

s 40 amd 2000 No. 22 s 3 sch; 2001 No. 20 s 53; 2003 No. 49 s 6; 2012 No. 5 s 223; 2013 No. 45 s 56; 2016 No. 62 s 312

41Prescribed circumstances for requiring name and address

The prescribed circumstances for requiring a person to state the person’s name and address are as follows—

(a)a police officer finds the person committing an offence;

(b)a police officer reasonably suspects the person has committed an offence, including an extradition offence;

(c)a police officer is about to take—

(i)the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514; or

(ii)a DNA sample from the person under a DNA sample notice or an order made under section 484, 485, 488 or 514;

(d)an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514;

(e)a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;

(f)a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person—

(i)a forensic procedure order or registered corresponding forensic procedure order; or

(ii)a summons; or

(iii)another court document;

(g)a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section;

(h)a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;

(i)a police officer reasonably suspects the person may be able to help in the investigation of—

(i)domestic violence or associated domestic violence; or

(ii)a relevant vehicle incident;

(j)a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;

(k)the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60;

(l)under chapter 17, a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;

(m)a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19, part 5A;

(n)a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982—

(i)a public safety order;

(ii)a restricted premises order;

(iii)a fortification removal order;

(o)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

s 41 prev s 41 om 2006 No. 26 s 12

pres s 41 amd 2000 No. 22 s 5; 2003 No. 49 s 7; 2006 No. 26 s 7; 2012 No. 5 s 223; 2013 No. 45 s 57; 2014 No. 42 s 104; 2016 No. 62 s 313; 2020 No. 7 s 21

41APower to require identifying particulars of person for official warning for consorting

(1)This section applies if—

(a)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and

(b)the police officer has required the person, under section 40(2), to give evidence of the correctness of the person’s stated name and address; and

(c)the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location.

Example of another convenient location—

the person’s vehicle, containing the person’s driver’s licence, parked nearby

(2)The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person.

(3)The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person.

(4)A person does not commit an offence against section 791 if—

(a)the person was required to do something under subsection (2); and

(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 41A ins 2016 No. 62 s 314

42Power for age-related offences and for particular motor vehicle related purposes

(1)This section applies if—

(a)a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or

(b)a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or

(c)the person’s age is relevant to any of the following—

(i)giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4;

(ii)giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;

(iii)the making of an application for an impounding order or a forfeiture order under chapter 4;

(iv)the making of an application under section 589 for a noise abatement order;

(v)deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction);

(vi)deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 117;

(vii)giving a person a police banning notice under chapter 19, part 5A.

Examples for subsection (1)—

1The age of a person is relevant to a person’s entitlement to be on licensed premises.

2The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.

(2)A police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.

(3)Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.

(4)If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person—

(a)to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or

(b)not to engage in the activity.

Example for subsection (4)—

The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if—

(a)the person fails to provide evidence of the stated date of birth; or

(b)the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.

(5)A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1)(c)(v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction.

(6)A person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 117, and the other person is not proved to have contravened the section.

s 42 amd 2005 No. 64 s 4; 2007 No. 27 s 9; 2009 No. 44 s 144; 2013 No. 45 s 58; 2013 No. 15 s 80 sch; 2014 No. 42 s 105; 2016 No. 62 s 493 sch 1 pt 2; 2020 No. 7 s 22; 1998 No. 1 s 240(3) (amd 2023 No. 16 s 64); 2024 No. 24 s 57 sch 1 pt 2

43Unlawful supply of smoking products to minors

(1)This section applies if a police officer—

(a)either—

(i)observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or

(ii)reasonably suspects a person has just been supplied a smoking product; and

(b)reasonably suspects the person is under 18 years.

(2)A police officer may—

(a)ask the person to show acceptable evidence of age of the person; and

(b)require the person to produce the thing supplied to the person.

(3)The police officer may seize the smoking product if—

(a)the person either—

(i)refuses, or is unable, to comply with the request; or

(ii)shows acceptable evidence of age of the person showing the person is under 18 years; and

(b)the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998.

(4)In this section—

acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, section 10.

smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, schedule 1.

s 43 amd 2001 No. 20 s 54; 2007 No. 1 s 14; 2016 No. 62 s 493 sch 1 pt 1; 1998 No. 1 s 240(3) (amd 2023 No. 16 s 64)

43AUnlawful sale of spray paint to minors

(1)This section applies if a police officer—

(a)either—

(i)observes a person being sold a thing the police officer reasonably suspects is spray paint; or

(ii)reasonably suspects a person has just been sold spray paint; and

(b)reasonably suspects the person is under 18 years.

(2)A police officer may—

(a)ask the person to show acceptable evidence of age of the person; and

(b)require the person to produce the thing sold to the person.

(3)The police officer may seize the spray paint if—

(a)the person either—

(i)refuses, or is unable, to show acceptable evidence of the person’s age; or

(ii)shows acceptable evidence of age of the person showing the person is under 18 years; and

(b)the police officer reasonably suspects the spray paint is evidence of an offence against the Summary Offences Act 2005, section 23B or 23C.

(4)In this section—

acceptable evidence of age has the meaning given under the Summary Offences Act 2005, section 23B.

spray paint has the meaning given under the Summary Offences Act 2005, schedule 2.

s 43A ins 2007 No. 1 s 15

43BPower to require date of birth of person for official warning for consorting

(1)This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(2)The police officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.

(3)Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.

(4)A person does not commit an offence against section 791 if—

(a)the person was required to do something under subsection (2) or (3); and

(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 43B ins 2016 No. 62 s 315

ch 2 pt 5 hdg amd 2006 No. 26 s 3 sch 1

44Application of pt 5

This part applies in relation to the following places (regulated places)—

(a)public places, including a public place in a safe night precinct;

(b)prescribed places that are not also public places.

s 44 ins 2006 No. 26 s 8

amd 2014 No. 42 s 106

45Part does not apply to authorised public assemblies

This part does not apply to an authorised public assembly under the Peaceful Assembly Act 1992.

s 45 amd 2003 No. 19 s 3 sch

46When power applies to behaviour

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been—

(a)causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or

(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or

(c)disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or

(d)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.

(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.

(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in any public place located in the safe night precinct.

(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.

(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a), (c) and (d).

(6)For this part, the person’s behaviour is a relevant act.

s 46 amd 2006 No. 26 s 9; 2014 No. 42 s 107; 2023 No. 21 s 50A

47When power applies to a person’s presence

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s presence is or has been—

(a)causing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or

(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or

(c)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.

(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in the part of the public place at or near where the person then is.

(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in any public place located in the safe night precinct.

(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s presence.

(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a) and (c).

(5)For this part, the person’s presence is a relevant act.

s 47 amd 2006 No. 26 s 10; 2014 No. 42 s 108

48Direction may be given to person

(1)A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.

Examples for subsection (1)—

1If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.

2If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.

3If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.

(2)However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—

(a)public safety; or

(b)public order; or

(c)the protection of the rights and freedoms of other persons.

Examples of rights and freedoms for subsection (2)(c)—

1the rights and freedoms of the public to enjoy the place

2the rights of persons to carry on lawful business in or in association with the place

(3)Without limiting subsection (1), a direction may require a person to do 1 of the following—

(a)leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;

(b)leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;

(c)move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.

(4)The police officer must tell the person or group of persons the reasons for giving the direction.

s 48 amd 2006 No. 26 s 11

49Review

(1)The CCC must review the use by police officers of powers under this part and prepare a report on the review.

(2)The review must be started as soon as practicable after 31 December 2007.

(3)The conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001.

(4)In the course of preparing the report, the CCC must consult with the Minister.

(5)The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.

s 49 sub 2006 No. 26 s 12

amd 2014 No. 21 s 94 (2) sch 2

ch 2 pt 6 hdg orig ch 2 pt 6 hdg om 2005 No. 64 s 3 sch

ch 2 pt 6 div 1 hdg orig ch 2 pt 6 div 1 hdg om 2005 No. 64 s 3 sch

ch 2 pt 6 div 2 hdg orig ch 2 pt 6 div 2 hdg ins 2002 No. 33 s 6

om 2005 No. 64 s 7

ch 2 pt 6 div 3 hdg orig ch 2 pt 6 div 3 hdg (prev ch 2 pt 6 div 2 hdg) sub 2002 No. 33 s 4

renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

ch 2 pt 6 div 4 hdg orig ch 2 pt 6 div 4 hdg (prev ch 2 pt 6 div 2A hdg) renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

ch 2 pt 6 div 5 hdg orig ch 2 pt 6 div 5 hdg (prev ch 2 pt 6 div 3 hdg) renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

50Dealing with breach of the peace

(1)This section applies if a police officer reasonably suspects—

(a)a breach of the peace is happening or has happened; or

(b)there is an imminent likelihood of a breach of the peace; or

(c)there is a threatened breach of the peace.

(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.

Examples for subsection (2)—

1The police officer may detain a person until the need for the detention no longer exists.

2A person who pushes in to the front of a queue may be directed to go to the end of the queue.

3Property that may be used in or for breaching the peace may be seized to prevent the breach.

(3)It is lawful for a police officer—

(a)to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code, section 260; and

(b)to detain the person in custody for a reasonable time.

51Prevention of riot

(1)It is lawful for a police officer to take the steps the police officer reasonably believes are necessary to suppress a riot.

(2)It is lawful for a police officer, acting under reasonable orders given by a justice for suppressing a riot, to suppress a riot.

52Prevention of offences—general

(1)This section applies if a police officer reasonably suspects an offence has been committed, is being committed, or is about to be committed.

(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence.

Example of preventing the commission of an offence—

A police officer who reasonably suspects the way a person in the vicinity of a prisoner is acting threatens or is likely to threaten the security of the prisoner or the security or good order of the place where the prisoner is detained may require the person to leave the vicinity of the prisoner or the place of detention.

Examples of continuation of an offence—

1A police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person.

2A police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.

s 52 amd 2002 No. 47 s 87

53Prevention of particular offences relating to liquor

(1)Subsection (2) applies if—

(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place—

(i)Liquor Act 1992, section 157(2), 164, 168B, 168C or 173B;

(ii)Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38(2)(e) or (3)(e) or (f); and

(b)the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.

(2)The police officer may seize—

(a)the opened container and its contents; and

(b)any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.

(2A)Also, if—

(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992, section 156(2) at a place; and

(b)the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;

the police officer may seize the liquor, including any container of the liquor.

(3)A police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.

Example for subsection (3)—

The police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1).

(4)If the police officer exercises the power under subsection (2) or subsection (2A)—

(a)the thing is taken to have been forfeited to the State immediately after the officer seized it; and

(b)chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the thing.

(5)For this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.

(6)In this section—

liquor means—

(a)liquor, as defined in the Liquor Act 1992, section 4B; or

(b)methylated spirits.

opened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.

s 53 ins 2002 No. 47 s 88

amd 2002 No. 47 s 89; 2003 No. 92 s 4; 2004 No. 38 s 26; 2004 No. 37 s 86 sch 1; 2007 No. 1 s 11 sch 1; 2007 No. 59 s 152 sch; 2008 No. 30 s 46; 2008 No. 48 s 57; 2018 No. 27 s 106

53ASeizure of liquor from a minor in particular circumstances

(1)This section applies if a police officer—

(a)is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and

(b)finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and

(c)reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.

(2)The police may seize the liquor, including any container of the liquor, (the seized thing) and dispose of it in the way the police officer considers reasonably necessary.

(3)For subsection (2), the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.

(4)For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992, section 156A—

(a)whether or not a person is a minor;

(b)whether or not a minor is being responsibly supervised;

(c)whether or not an adult is a responsible adult for a minor.

(5)If the police officer exercises the power under subsection (2) to seize a thing—

(a)the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and

(b)chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the seized thing.

(6)In this section—

liquor has the same meaning as it has in section 53.

s 53A ins 2008 No. 48 s 58

53AA Seizure and disposal of dangerous attachment devices

(1)This section applies if a police officer—

(a)finds a dangerous attachment device; and

(b)reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.

(2)For subsection (1)(b), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a)unreasonably interferes with the ordinary operation of transport infrastructure; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b)stops a person from entering or leaving a place of business; or

(c)causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

(3)The police officer may do 1 or both of the following—

(a)deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;

(b)seize all or parts of the dangerous attachment device.

(4)If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.

(5)To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.

(6)In this section—

deactivate, a dangerous attachment device, includes to make the device safe or unusable.

transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.

s 53AA ins 2019 No. 35 s 5

53BEntry powers for vehicles referred to in ss 53 and 53A

If a place where a police officer is exercising a power under section 53 or section 53A is outside a vehicle that is not being used as a dwelling, the police officer’s powers for the section include the power to enter the vehicle to exercise a power under the section within the vehicle.

s 53B ins 2008 No. 48 s 58

Note—

See the following provisions for related police powers—

•section 30(1)(i) (Prescribed circumstances for searching persons without warrant)

•section 32(2)(b) (Prescribed circumstances for searching vehicle without warrant)

•section 41(o) (Prescribed circumstances for requiring name and address)

•section 41A (Power to require identifying particulars of person for official warning for consorting)

•section 43B (Power to require date of birth of person for official warning for consorting)

•section 60(3)(k) (Stopping vehicles for prescribed purposes)

ch 2 pt 6A hdg ins 2016 No. 62 s 316

ch 2 pt 6A note ins 2016 No. 62 s 316

amd 2020 No. 7 s 23; 2023 No. 26 s 27

53BAA Definitions for part

In this part—

consort—

(a)has the meaning given by the Criminal Code, section 77A; and

(b)does not include an act of consorting mentioned in the Criminal Code, section 77C that is reasonable in the circumstances.

offence of habitually consorting means an offence against the Criminal Code, section 77B.

official warning, for consorting, means a warning given in person, whether orally or in writing, that—

(a)a stated person is a recognised offender; and

(b)consorting with the stated person on a further occasion may lead to the commission of the offence of habitually consorting.

recognised offender means a recognised offender who is at least 18 years.

s 53BAA ins 2016 No. 62 s 316

53BAB Part does not apply to child

An official warning may not be given to a child.

s 53BAB ins 2016 No. 62 s 316

53BAC Police powers for giving official warning for consorting

(1)This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(2)The police officer may stop the person and require the person to remain at the place where the person is stopped for the time reasonably necessary for the police officer to do any or all of the following—

(a)confirm or deny the police officer’s suspicion, including, for example, by exercising a power under section 40 or 43B;

(b)give the person an official warning for consorting;

(c)if the official warning is given orally—confirm under subsection (5) the official warning.

Note—

Failure to comply with a requirement given under this subsection is an offence against section 791.

(3)However, before giving an official warning under subsection (2)(b), the police officer must consider whether it is appropriate to give the warning having regard to the object of disrupting and preventing criminal activity by deterring recognised offenders from establishing, maintaining or expanding a criminal network.

(4)If an official warning for consorting is given in writing, the warning must be in the approved form.

(5)If an official warning for consorting is given orally, the police officer must, within 72 hours after giving the warning orally, confirm the warning by giving it, in the approved form, to the person in the prescribed way.

(6)Unless the contrary is proved—

(a)an approved form given by post is taken to have been received by the person to whom the form was addressed when the form would have been delivered in the ordinary course of post; and

(b)an approved form given by electronic communication is taken to have been received by the person to whom the form was sent on the day the form was sent to the unique electronic address nominated by the person to a police officer.

(7)If practicable, the giving of an official warning under subsection (2)(b) must be electronically recorded.

(8)To remove any doubt, it is declared that—

(a)an official warning for consorting may be given to a person in relation to a recognised offender before, during or after the person has consorted with the recognised offender; and

(b)a failure to comply with subsection (3) does not affect the validity of an official warning for consorting.

(9)In this section—

criminal activity means the commission of a relevant offence under the Criminal Code, section 77.

prescribed way, for giving an approved form to a person, means—

(a)delivering the form to the person personally; or

(b)sending the form by electronic communication to the unique electronic address nominated by the person to a police officer; or

(c)sending the form by post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person.

recognised offender includes a person who a police officer reasonably suspects is a recognised offender.

Example of when a police officer might reasonably suspect a person is a recognised offender—

A police officer reasonably suspects a person has been convicted of an indictable offence. The police officer is unable to confirm the nature of the indictable offence, or whether the conviction is spent, due to the unavailability of the person’s complete criminal history or the application of the Criminal Law (Rehabilitation of Offenders) Act 1986. However, the police officer reasonably suspects the person is a recognised offender.

s 53BAC ins 2016 No. 62 s 316

amd 2021 No. 7 s 47; 2022 No. 4 s 6

53BAD Effect of official warning for consorting

(1)An official warning for consorting given in relation to a stated person who is a recognised offender has effect until the stated person stops being a recognised offender.

(2)However, if an official warning for consorting is given orally, and the warning is not confirmed under section 53BAC(5), the official warning stops having effect 72 hours after it is given.

(3)Also, if an official warning for consorting is given in relation to a stated person who is not a recognised offender, the official warning stops having effect 24 hours after it is given.

(4)A person does not commit an offence against section 791 if—

(a)the person was required to do something under section 53BAC(2); and

(b)the court is not satisfied the police officer, at the time of making the requirement, had the suspicion mentioned in section 53BAC(1).

s 53BAD ins 2016 No. 62 s 316

53BAE Prevention of consorting with recognised offender

(1)This section applies if—

(a)a police officer has given a person at a place an official warning for consorting; and

(b)the police officer reasonably suspects the person is consorting at the place with the person stated in the official warning.

(2)The police officer may require the person to leave the place and not return or be within the place within a stated reasonable time of not more than 24 hours.

Note—

Failure to comply with a requirement given under this subsection is an offence against section 791.

(3)However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or someone else.

Example of requirement to leave place that may endanger safety—

a requirement for a person to leave a vehicle in which recognised offenders are passengers in circumstances in which the person has no access to other transport

(4)A person does not commit an offence against section 791 if—

(a)the person was required to leave a place under subsection (2); and

(b)the court is not satisfied the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 53BAE ins 2016 No. 62 s 316

ch 2 pt 7 hdg ins 2014 No. 1 s 4

ch 2 pt 7 div 1 hdg ins 2014 No. 1 s 4

ch 2 pt 7 div 1 sdiv 1 hdg ins 2014 No. 1 s 4

53BAAdditional powers

The powers a police officer has under this part are additional to, and are not limited by, the powers a police officer otherwise has under this Act or another Act.

s 53BA ins 2014 No. 1 s 4

ch 2 pt 7 div 1 sdiv 2 hdg ins 2014 No. 1 s 4

53BBWhat is an out-of-control event

(1)An event becomes an out-of-control event if—

(a)12 or more persons are gathered together at a place (an event); and

(b)3 or more persons associated with the event engage in out-of-control conduct at or near the event; and

(c)the out-of-control conduct would cause a person at or near the event—

(i)to reasonably fear violence to a person or damage to property; or

(ii)to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.

(2)However, each of the following is not an out-of-control event—

(a)a licensed event;

(b)a major event;

(c)an event that is primarily for the purposes of political advocacy, protest or industrial action;

(d)an authorised public assembly under the Peaceful Assembly Act 1992, section 7;

(e)any event held at a major sports facility under the Major Sports Facilities Act 2001, section 4;

(f)an event prescribed by regulation.

(3)For applying subsection (1), it is immaterial whether there is or is likely to be a person who—

(a)fears the things mentioned in subsection (1)(c)(i); or

(b)suffers in the way mentioned in subsection (1)(c)(ii).

s 53BB ins 2014 No. 1 s 4

amd 2014 No. 60 s 97

53BCWhat is out-of-control conduct

The following conduct is out-of-control conduct—

(a)unlawfully entering, or remaining in, a place or threatening to enter a place;

(b)behaving in a disorderly, offensive, threatening or violent way;

Examples for paragraph (b)—

•using offensive, obscene, indecent, abusive or threatening language

•taking part in a fight

(c)unlawfully assaulting, or threatening to assault, a person;

(d)unlawfully destroying or damaging, or threatening to destroy or damage, property;

(e)wilfully exposing a person’s genitals or doing an indecent act;

(f)causing or contributing to the emission of excessive noise mentioned in section 576(1);

(g)driving a motor vehicle in a way that causes a burn out within the meaning of section 69;

(h)unlawfully lighting fires or using fireworks;

(i)throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of a person;

(j)unreasonably obstructing the path of a vehicle or pedestrian;

(k)littering in a way that causes, or is likely to cause, harm to a person, property or the environment;

(l)being intoxicated in a public place;

(m)conduct that would contravene the Liquor Act 1992, part 6;

(n)conduct that would contravene the Drugs Misuse Act 1986, part 2.

s 53BC ins 2014 No. 1 s 4

amd 2014 No. 42 s 109

53BDOther definitions for pt 7

In this part—

associated, with an event, means a person who—

(a)is at the event; or

(b)is near the event and is reasonably suspected by a police officer of either—

(i)intending to go to the event, whether or not the person was invited to attend the event; or

(ii)leaving the event.

commissioner’s reasonable costs means the reasonable costs of the commissioner for lawful action taken by the police service under this part, including costs for ending an event or dispersing persons from the event.

event see section 53BB(1)(a).

event authorisation see section 53BE(1).

licensed event means an event held at premises to which any 1 of the following licenses or permits under the Liquor Act 1992 applies—

(a)a commercial hotel licence;

(b)a commercial special facility licence;

(c)a commercial other licence;

(d)a community club licence;

(e)a commercial public event permit;

(f)an extended hours permit;

(g)an adult entertainment permit.

organise, an event, means being substantially involved in arranging, hosting, managing, advertising or promoting the event.

out-of-control event power means a power, under section 53BG, for a police officer to take action for an event.

parent includes a guardian other than the chief executive (child safety).

senior police officer means a police officer of at least the rank of sergeant.

s 53BD ins 2014 No. 1 s 4

ch 2 pt 7 div 2 hdg ins 2014 No. 1 s 4

ch 2 pt 7 div 2 sdiv 1 hdg ins 2014 No. 1 s 4

53BEAuthorisation by senior police officer

(1)A senior police officer may authorise the use of out-of-control event powers (an event authorisation) in relation to an event if the police officer reasonably believes—

(a)the event is an out-of-control event; or

(b)the event is likely to become an out-of-control event.

(2)The event authorisation must be written and state the following—

(a)the date and time the authorisation is given;

(b)the location of the event;

(c)the circumstances that led the senior police officer to authorise using the out-of-control event powers in relation to the event;

(d)the restrictions, if any, on using the out-of-control event powers in relation to the event.

(3)However, the event authorisation is not invalid merely because it is not in writing if the senior police officer makes a written record as required under subsection (2) at the first reasonable opportunity after a police officer exercises an out-of-control event power under the authorisation.

(4)The event authorisation has effect for 24 hours or a lesser period decided, after the authorisation is given, by—

(a)the senior police officer who gave the authorisation; or

(b)another senior police officer.

s 53BE ins 2014 No. 1 s 4

ch 2 pt 7 div 2 sdiv 2 hdg ins 2014 No. 1 s 4

53BFUse of powers only if authorised

A police officer may take action under this subdivision only if—

(a)an event authorisation is given in relation to an event; and

(b)the officer acts in accordance with the event authorisation.

s 53BF ins 2014 No. 1 s 4

53BGTaking action for out-of-control event

(1)A police officer has the powers under subsection (2) for 1 or more of the following purposes in relation to an event—

(a)preventing the event becoming an out-of-control event;

(b)if the event is an out-of-control event, stopping the event from continuing or starting in another location;

(c)dispersing persons associated with the event;

(d)minimising the impact of the event on public order or safety;

(e)identifying a person organising the event;

(f)identifying a person committing an offence under division 3.

(2)For the purposes mentioned in subsection (1), a police officer may exercise any 1 or more of the following powers—

(a)stop a vehicle or enter a place without a warrant;

(b)give a person or group of persons a direction to—

(i)stop any conduct; or

(ii)immediately leave a place; or

(iii)not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or

(c)take any other steps the police officer considers reasonably necessary.

s 53BG ins 2014 No. 1 s 4

ch 2 pt 7 div 3 hdg ins 2014 No. 1 s 4

ch 2 pt 7 div 3 sdiv 1 hdg ins 2014 No. 1 s 4

53BHOrganising an out-of-control event

(1)A person commits an offence if—

(a)the person organises an event; and

(b)the event becomes an out-of-control event.

Maximum penalty—

(a)if the event is held at a place where the person does not reside or for which the person does not have lawful authority to use—165 penalty units or 3 years imprisonment; or

(b)otherwise—110 penalty units or 1 year’s imprisonment.

(2)If the person organising the event is a child, the parent of the child is instead liable for the offence if the parent gave the child permission to organise the event.

(3)In a proceeding for an offence under this section, it is a defence for a person to prove that the person took reasonable steps to prevent the event becoming an out-of-control event.

Examples of taking reasonable steps—

•hiring an appropriate number of security officers for the event

•ending the event as soon as possible after persons who are not invited to the event enter the place where the event is being held

s 53BH ins 2014 No. 1 s 4

53BICausing an out-of-control event

(1)A person commits an offence if the person—

(a)has been refused entry to an event; and

(b)engages in out-of-control conduct near the event; and

(c)as a result of the person’s conduct, the event becomes an out-of-control event.

Maximum penalty—110 penalty units or 1 year’s imprisonment.

(2)A person may be liable for an offence against subsection (1) even if another person’s conduct contributed to the event becoming an out-of-control event.

s 53BI ins 2014 No. 1 s 4

53BJOffence to contravene direction

A person must not, without reasonable excuse, contravene a direction given by a police officer under section 53BG(2).

Maximum penalty—

(a)if the person contravenes the direction by doing any of the following—

(i)unlawfully assaulting, or threatening to assault, another person;

(ii)unlawfully destroying or damaging, or threatening to destroy or damage, property;

(iii)throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person;

165penalty units or 3 years imprisonment; or

(b)otherwise—110 penalty units or 1 year’s imprisonment.

s 53BJ ins 2014 No. 1 s 4

ch 2 pt 7 div 3 sdiv 2 hdg ins 2014 No. 1 s 4

53BKCosts order—adult

(1)This section applies if a person, other than a child, is found guilty by a court of an offence under subdivision 1 in relation to an event.

(2)The court may, on its own initiative or an application by the commissioner, order the person to pay some or all of the commissioner’s reasonable costs in relation to the event.

(3)An order made under subsection (2) is taken to be an order for compensation under the Penalties and Sentences Act 1992, part 3, division 4, payable to the State.

s 53BK ins 2014 No. 1 s 4

53BLCosts order—child

(1)This section applies if a child is found guilty by a court of an offence under subdivision 1 in relation to an event.

(2)The court may, on its own initiative or an application by the commissioner, consider whether the child has the capacity to pay the commissioner’s reasonable costs in relation to the event.

(3)If the court considers the child has the capacity to pay the commissioner’s reasonable costs, the court may order the child to pay some or all of the costs.

(4)An order made by the court under this section is taken to be an order under the Youth Justice Act 1992, section 310, payable to the State.

s 53BL ins 2014 No. 1 s 4

53BMCosts order—parent of child offender

(1)This section applies if—

(a)a court considers the matters mentioned in section 53BL(2); and

(b)decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs.

(2)The court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event.

(3)If the court decides to call on the child’s parent to show cause—

(a)notice must be given to the parent in the way required under the Youth Justice Act 1992, section 258(4) to (8); and

(b)the show cause hearing must be conducted in the way required under the Youth Justice Act 1992, section 259(1) to (4); and

(c)the Youth Justice Act 1992, section 259(5) applies as if the reference to ‘section 258(1)(a), (b) and (c)’ were a reference to subsection (5)(a) and (b); and

(d)the Youth Justice Act 1992, section 259(6) to (12) applies to the court’s decision and orders.

(4)For applying subsection (3)—

(a)a reference to compensation in the Youth Justice Act 1992, sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and

(b)a reference to the prosecution in the Youth Justice Act 1992, sections 258 and 259 is taken to be a reference to the commissioner.

(5)For subsection (3)(c), the matters are—

(a)the parent contributed to the fact the offence happened by not adequately supervising the child; and

(b)it is reasonable the parent pay some or all of the commissioner’s reasonable costs.

(6)The Youth Justice Act 1992, section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992, section 259.

s 53BM ins 2014 No. 1 s 4

53BNCosts orders and other sentencing

(1)A court may make an order under this subdivision in addition to any other sentence to which a person, including a child, is liable.

(2)To remove any doubt, it is declared that sections 53BL and 53BM apply in addition to the Youth Justice Act 1992, part 7.

s 53BN ins 2014 No. 1 s 4

ch 3 hdg ins 2005 No. 64 s 3 sch

53CApplication of corresponding HVNL(Q) penalty amounts

(1)This section applies to a penalty for an offence against a provision of this chapter (the relevant PP&R provision) if the penalty provides for an amount of penalty to be the corresponding HVNL(Q) penalty amount.

(2)For the relevant PP&R provision, the corresponding HVNL(Q) penalty amount is the same dollar amount that, when the offence is committed, is the amount of penalty applying for an offence against the relevant PP&R provision’s corresponding HVNL(Q) provision.

Note—

If the amount of penalty applying for an offence against a corresponding HVNL(Q) provision is increased under section 737 of the Heavy Vehicle National Law (Queensland), the Regulator under the Law is required under that section to publish the new amount on the Regulator’s website.

(3)For a provision of this Act listed in column 1 of the following table, the corresponding HVNL(Q) provision is the provision of the Heavy Vehicle National Law (Queensland) listed in column 2 of the table.

Table

Column 1	Column 2
Provision of this Act that is a relevant PP&R provision	Provision of Heavy Vehicle National Law (Queensland) that is the corresponding HVNL(Q) provision
section 60(2)	section 513(4)
section 61(4)	section 516(3)
section 62(2)	section 514(3)
section 65(3)	section 522(5)
section 66(3)	section 529
section 66(5)	section 526(4)
section 66(6)	section 528(3)
section 68(3)	section 577(4)

s 53C ins 2013 No. 26 s 20

54Power of inquiry into road use contraventions

(1)It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed.

(2)Also, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed.

s 54 amd 2013 No. 26 s 21

55Power to require information about identity of drivers of vehicles etc.

(1)This section applies if a person alleges to a police officer or a police officer reasonably suspects a contravention of the Road Use Management Act or the Heavy Vehicle National Law (Queensland) involving a vehicle or tram has been committed.

(2)A police officer may require any of the following to give to the police officer information that will identify or help identify the person who was in control of the vehicle or tram when the contravention happened—

(a)an owner of the vehicle or tram;

(b)a person in possession of the vehicle or tram;

(c)a person in whose name the vehicle is registered;

(d)a person who may reasonably be expected to be able to give the information.

(3)Also, a police officer may require the driver of the vehicle or tram to give to the police officer information about the identity of the owner of the vehicle or tram.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).

s 55 amd 2005 No. 64 s 3 sch; 2007 No. 1 s 11 sch 1; 2013 No. 26 s 22

56Additional power of inquiry for relevant vehicle incidents

(1)It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination or test—

(a)to obtain information about a vehicle, train, tram, animal or other property involved in a relevant vehicle incident; or

(b)to obtain information about the cause of a relevant vehicle incident and the circumstances in which it happened.

(2)Also, it is lawful for a police officer to make any reasonably necessary inquiry or investigation to obtain information about a person involved in a relevant vehicle incident.

(3)For subsection (1) or (2), a police officer may require a person to answer any question put to the person by the police officer or provide information relevant to the incident.

(4)A person who is required by a police officer to provide information relevant to the incident must not provide any information the person knows to be false.

Maximum penalty for subsection (4)—40 penalty units or 6 months imprisonment.

57Power of entry for ss 54–56

(1)For sections 54 to 56, a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry.

(2)However, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

58Production of driver licence

(1)This section applies if a police officer—

(a)finds a person committing an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or

(b)reasonably suspects a person has committed an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or

(c)is making inquiries or investigations for establishing whether or not a person has committed an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or

(d)reasonably suspects a person who was present at the scene of a relevant vehicle incident may be able to give information or evidence about the incident; or

(e)reasonably considers it is necessary for enforcing the Road Use Management Act in relation to a heavy vehicle or for enforcing the Heavy Vehicle National Law (Queensland).

(2)The police officer may require the person to produce the person’s driver licence for inspection.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).

(3)A person who holds an open driver licence issued under the Road Use Management Act but is unable to comply with the requirement immediately may comply with the requirement by producing the licence to the officer in charge of a nominated police establishment or police station within 48 hours after the requirement is made.

(4)The place nominated under subsection (3) must be reasonable in the circumstances.

(5)Subsection (3) does not apply to a person in control of a heavy vehicle.

s 58 amd 2006 No. 26 s 3 sch 1; 2013 No. 26 s 23

59Power for regulating vehicular and pedestrian traffic

(1)A police officer may give to a driver of a vehicle or to a pedestrian on or about to enter a road, or to a passenger in a vehicle, any direction the police officer reasonably considers necessary for the safe and effective regulation of traffic on the road.

(2)Also, if an emergency exists, a police officer may give to a driver of or passenger in a train any direction the police officer reasonably considers necessary.

(3)Without limiting subsection (1), a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct traffic and pedestrians.

Examples for subsection (3)—

1a siege where firearms are being discharged and members of the public may be hurt

2a serious or fatal road accident requiring treatment of injured persons, removal of bodies, wreckage to be cleared or evidence to be gathered for investigating the cause of the accident

(4)A direction under subsection (1) may include a direction to the owner or driver of a parked vehicle to move the vehicle as soon as practicable.

s 59 amd 2005 No. 64 s 5; 2006 No. 26 s 13

60Stopping vehicles for prescribed purposes

(1)A police officer may require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.

(2)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or

(b)for a heavy vehicle, if the purpose for stopping the vehicle is HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.

(c)otherwise—90 penalty units.

Example of a reasonable excuse for subsection (2)—

It is a reasonable excuse for a person not to comply with a requirement if—

(a)the person reasonably believes that to immediately comply would endanger the person or someone else; and

(b)the person complies with the requirement at the first reasonable opportunity.

(3)The prescribed purposes are as follows—

(a)for enforcing a transport Act or the Heavy Vehicle National Law (Queensland);

(b)to check whether the vehicle complies, or the person is complying, with a transport Act or the Heavy Vehicle National Law (Queensland);

(c)for monitoring or enforcing a liquor provision;

(d)for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;

(e)to conduct a breath test or saliva test;

(f)to investigate the emission of excessive noise from—

(i)a motor vehicle on a road or in a public place; or

(ii)a motorbike being driven on a place other than a road;

(g)to give a noise abatement direction to the person responsible for the emission of excessive noise from—

(i)a motor vehicle on a road or in a public place; or

(ii)a motorbike being driven on a place other than a road;

Note—

For the power to give noise abatement directions, see section 581.

(h)to impound or immobilise a motor vehicle under chapter 4;

(i)for enforcing the Tobacco and Other Smoking Products Act 1998, section 117;

(j)to give the person any of the following under the Peace and Good Behaviour Act 1982—

(i)a public safety order;

(ii)a restricted premises order;

(iii)a fortification removal order;

(k)to give a person, under section 53BAC, an official warning for consorting.

(4)For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the officer reasonably suspects the exercise of the power may be effective for the purpose—

(a)enter the vehicle and remain in it for the time reasonably necessary for the purpose;

(b)search the vehicle and anything in it;

(c)inspect, measure, test, photograph or film the vehicle or anything in it;

(d)take samples of anything in or on the vehicle;

(e)seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;

(f)copy a document in the vehicle;

(g)move the vehicle’s load.

(5)For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose.

Examples for subsection (5)—

1The police officer may hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva.

2The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.

(6)In this section—

excessive noise means excessive noise mentioned in section 576(1) and to which chapter 19, part 3 applies.

in, for a vehicle, includes on the vehicle.

liquor provision means any of the following provisions—

(a)the Liquor Act 1992, section 168B, 168C, 169 or 171;

(b)the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38.

monitor, a liquor provision, means check whether the provision is being complied with.

s 60 amd 2002 No. 47 ss 90, 91; 2004 No. 53 s 2 sch; 2004 No. 38 s 27; 2004 No. 37 s 86 sch 1; 2005 No. 64 s 6; 2006 No. 26 s 14; 2007 No. 1 s 11 sch 1; 2007 No. 6 s 6; 2007 No. 59 s 152 sch; 2008 No. 30 s 47; 2009 No. 44 s 145; 2013 No. 45 s 59; 2013 No. 15 s 80 sch; 2013 No. 26 s 24; 2016 No. 62 ss 317, 493 sch 1 pt 2; 1998 No. 1 s 240(3) (amd 2023 No. 16 s 64)

61Power to require vehicles to be moved

(1)This section applies to a vehicle that is stationary or has been stopped under section 60.

(2)To enable a police officer to exercise a power for a prescribed purpose, the police officer may require the person in control of the vehicle to move the vehicle to a stated reasonable place.

Example for subsection (2)—

The officer may require the person to move the vehicle onto a weighing or testing device.

(3)However, the place must be—

(a)for a private vehicle—within a 5km radius from where the vehicle was stationary or stopped; or

(b)for another vehicle—within a 30km radius from—

(i)where the vehicle was stationary or stopped; or

(ii)if the requirement is given within the course of the vehicle’s journey—any point along the forward route of the journey.

(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or

(b)for a heavy vehicle, if the power to be exercised by the police officer as mentioned in subsection (2) is for HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.

(c)otherwise—90 penalty units.

(5)For a vehicle, other than a private vehicle, if the person does not comply with the requirement, the police officer may move the vehicle to the required place.

(6)However, if the vehicle is an aircraft or boat, the police officer may move the vehicle only if the officer has the necessary qualification, or has received appropriate training, to control the vehicle.

s 61 amd 2002 No. 47 s 92; 2013 No. 26 s 25

62Requirement to remain at a place

(1)This section applies if the person in control of a vehicle is required—

(a)to stop the vehicle under section 60; or

(b)to move the vehicle to a place under section 61.

(2)The person must ensure the vehicle remains at the place where it is stopped or moved to, for the time reasonably necessary to enable the police officer to perform a function or exercise a power under those sections.

Maximum penalty—

(a)for a heavy vehicle, if the function to be performed or power to be exercised by the police officer is for HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.

(b)otherwise—60 penalty units.

s 62 prev s 62 om 2005 No. 64 s 3 sch

pres s 62 amd 2002 No. 47 s 93; 2013 No. 26 s 26

63Power to inspect vehicles

(1)This section applies to a motor vehicle that—

(a)is stationary on a road; or

(b)has been stopped under section 60 or under the Heavy Vehicle National Law (Queensland); or

(c)is at a place to which it has been moved under section 61.

(2)To check whether the vehicle complies with a transport Act or the Heavy Vehicle National Law (Queensland), a police officer may inspect or test it.

(3)To enable the police officer to inspect or test the vehicle, the police officer may do anything reasonable to be done for the inspection or test.

Examples of what may be reasonable for an inspection or test—

The police officer may—

(a)enter the vehicle; or

(b)unlock, unfasten, open or remove any part of it; or

(c)move its load.

s 63 amd 2013 No. 26 s 27

64Power to enter vehicles etc. other than for vehicle inspection

(1)This section applies to a police officer who reasonably suspects—

(a)a vehicle at a place the police officer has entered under this Act or the Heavy Vehicle National Law (Queensland) is used, or is being used, to transport dangerous goods; or

(b)a heavy vehicle or prescribed vehicle is being, or has just been, used to transport dangerous goods; or

(c)a vehicle is being, or has just been, used to commit an offence against a transport Act or the Heavy Vehicle National Law (Queensland); or

(d)a vehicle, or a thing in or on it, may provide evidence of the commission of an offence against a transport Act or the Heavy Vehicle National Law (Queensland); or

(e)the driver of a heavy vehicle is required under the Heavy Vehicle National Law (Queensland) to keep a document relating to driving hours.

(2)The police officer may, for enforcing a transport Act or the Heavy Vehicle National Law (Queensland)—

(a)enter the vehicle; or

(b)search any part of the vehicle; or

(c)inspect, measure, weigh, test, photograph or film the vehicle or anything in or on it; or

(d)take samples of the vehicle or anything in it; or

(e)copy, or take an extract from, a document in the vehicle; or

Example—

download information contained on a disk, tape or other device

(f)move the vehicle’s load; or

(g)take the persons, equipment and materials the officer reasonably requires into the vehicle.

(3)In this section—

document includes a work diary as defined in the Heavy Vehicle National Law (Queensland), section 221.

prescribed vehicle means a prescribed vehicle under the Road Use Management Act.

s 64 amd 2013 No. 26 s 28

65Power to require vehicle inspections

(1)If a police officer reasonably suspects a vehicle may not comply with a transport Act or the Heavy Vehicle National Law (Queensland), the police officer may require either of the following to have the vehicle inspected at a stated reasonable time and place—

(a)the owner of the vehicle;

(b)if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle—the registered operator for the vehicle.

(2)The requirement—

(a)must be made by notice in the approved form; or

(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.

(3)A person must comply with a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the inspection relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.

(b)otherwise—60 penalty units.

(4)In this section—

owner, of a vehicle, has the meaning given under the Road Use Management Act, schedule 4.

s 65 amd 2006 No. 26 s 15; 2013 No. 26 s 29

66Power to prohibit use of vehicles

(1)If a police officer reasonably suspects a vehicle is unsafe or defective, the police officer may, by notice in the approved form, require its owner or, if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle, its registered operator, not to use it, or permit it to be used, on a road until—

(a)it is inspected at a stated reasonable place and found to comply with the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or

(b)stated reasonable action is taken in relation to the vehicle to ensure it complies with the Road Use Management Act or the Heavy Vehicle National Law (Queensland).

Examples of action that may be reasonable under paragraph (b)—

1the vehicle’s load be adjusted or moved

2stated repairs be carried out to the vehicle and the vehicle be inspected at a stated place and found to comply with the Road Use Management Act

(2)Without limiting subsection (1), the police officer may issue a defect notice for the vehicle or attach a defective vehicle label to the vehicle.

(3)A person must not contravene, or attempt to contravene, a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or

(b)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.

(c)otherwise—90 penalty units.

(4)It is a reasonable excuse for subsection (3) if—

(a)the vehicle’s registration is cancelled and the person gives the police officer who issued the defect notice written notice of that fact within 7 days after the cancellation; or

(b)the vehicle is disposed of to a motor dealer and the person gives the chief executive of the department within which the Road Use Management Act is administered written notice of the name and address of the motor dealer within 7 days after the disposal.

(5)If the driver to whom a defect notice is given is not the owner or registered operator, the driver must immediately give the defect notice to the owner or registered operator, unless the driver has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.

(b)otherwise—30 penalty units.

(6)A person must not remove a defective vehicle label attached to a vehicle from the vehicle, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.

(b)otherwise—30 penalty units.

(7)However, a police officer may remove the label if the police officer is reasonably satisfied the vehicle is no longer defective.

(8)In this section—

defective vehicle label has the meaning given under the Road Use Management Act.

defect notice has the meaning given under the Road Use Management Act.

motor dealer means a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014.

owner, of a vehicle, has the meaning given under the Road Use Management Act, schedule 4.

s 66 amd 2000 No. 62 s 601 sch 2; 2006 No. 26 s 16; 2013 No. 26 s 30; 2014 No. 20 s 238 sch 3 pt 2; 2016 No. 62 s 493 sch 1 pt 1

67Power to prohibit persons driving

(1)This section applies to the person in control of a motor vehicle that is stationary on a road or has been stopped under section 60 or under the Heavy Vehicle National Law (Queensland).

(2)If a police officer reasonably suspects the person in control would contravene the Road Use Management Act by driving the vehicle, the officer may, by notice in the approved form, require the person in control not to drive the vehicle in contravention of that Act.

(3)A person must not contravene, or attempt to contravene, a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a)for a private vehicle—60 penalty units; or

(b)otherwise—90 penalty units.

s 67 amd 2006 No. 26 s 17; 2013 No. 26 s 31

68Power to enable effective and safe exercise of other powers

(1)A police officer may require the person in control of a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this chapter in relation to the vehicle.

Examples of requirements for effectively exercising powers—

1requiring the vehicle to be held stationary on a weighing device to enable the vehicle to be weighed

2requiring the vehicle’s bonnet to be opened to enable the engine to be inspected

(2)A police officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary—

(a)to enable the police officer to safely exercise a power under a transport Act or the Heavy Vehicle National Law (Queensland) in relation to the vehicle; or

(b)to preserve the safety of the police officer, the person or other persons.

Examples of safety requirements—

1requiring the persons in a vehicle to get out of the vehicle while the police officer inspects the vehicle’s undercarriage

2requiring a person who has just left the vehicle to stand back from the road

3requiring a person to remain in control of a vehicle for a reasonable time

(3)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a)for a private vehicle—60 penalty units; or

(b)for a heavy vehicle, if the requirement relates to the safe exercise of a power under the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $10,000. Generally, see section 53C.

(c)otherwise—90 penalty units.

s 68 amd 2002 No. 47 s 94; 2005 No. 64 s 3 sch; 2013 No. 26 s 32

ch 4 hdg ins 2005 No. 64 s 7

amd 2013 No. 15 s 4

ch 4 pt 1 hdg ins 2005 No. 64 s 7

ch 4 pt 1 div 1 hdg orig ch 4 pt 1 div 1 hdg ins 2002 No. 68 s 331

om 2005 No. 45 s 3 sch 1

pres ch 4 pt 1 div 1 hdg ins 2005 No. 64 s 7

69Definitions for ch 4

In this chapter—

applied section 258 see section 103.

applied section 259 see section 103.

burn out, for a motor vehicle, means wilfully drive the motor vehicle in a way that causes a sustained loss of traction of one or more of the wheels with the road surface.

Examples—

•driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes

•driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction

s 69 def burn out sub 2013 No. 15 s 5 (1)–(2)

excessive noise means excessive noise mentioned in section 576(1) and to which chapter 19, part 3 applies.

forfeiture order, for a motorbike noise order offence, see section 91(2).

s 69 def forfeiture order sub 2006 No. 57 s 4 (1)–(2); 2013 No. 15 s 5 (1)–(2)

immobilise, for a motor vehicle, includes restrict the use of the motor vehicle by way of an immobilising device or the removal and confiscation of the motor vehicle’s number plates.

s 69 def immobilise ins 2013 No. 15 s 5 (2)

immobilising device, for a motor vehicle, includes a wheel clamp.

s 69 def immobilising device ins 2013 No. 15 s 5 (2)

immobilising notice, for a vehicle related offence, see section 78(2).

s 69 def immobilising notice ins 2013 No. 15 s 5 (2)

impounding notice—

(a)for a vehicle related offence—see section 78(2); or

(b)for a motorbike noise direction offence or a motorbike noise order offence—see section 81(2).

s 69 def impounding notice amd 2013 No. 15 s 5 (3)

impounding order, for a motorbike noise order offence, see section 86(2).

s 69 def impounding order sub 2006 No. 57 s 4 (1)–(2); 2013 No. 15 s 5 (1)–(2)

initial impoundment period, for a motor vehicle, means—

(a)a period of 48 hours starting when the motor vehicle is impounded; or

(b)if the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.

s 69 def initial impoundment period amd 2006 No. 57 s 4 (3)

initiating immobilisation, of a motor vehicle, means the immobilisation of the motor vehicle for the initiating immobilisation offence.

s 69 def initiating immobilisation ins 2013 No. 15 s 5 (2)

initiating immobilisation offence means the vehicle related offence for which a motor vehicle is immobilised under this chapter.

s 69 def initiating immobilisation offence ins 2013 No. 15 s 5 (2)

initiating impoundment, of a motor vehicle, means the impoundment of the motor vehicle for the initiating impoundment offence.

initiating impoundment offence means—

(a)the vehicle related offence for which a motor vehicle is impounded under this chapter; or

(b)for a motorbike noise order offence—the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.

magistrate includes a Childrens Court magistrate.

modify, a motor vehicle, includes remove the engine or gearbox from the motor vehicle.

motorbike noise direction offence means the contravention of a noise abatement direction given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

motorbike noise order offence means the contravention of a noise abatement order given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

number plate means a plate or other device designed to be attached to a motor vehicle to identify the motor vehicle.

s 69 def number plate ins 2013 No. 15 s 5 (2)

number plate confiscation notice see section 74H(2).

s 69 def number plate confiscation notice ins 2013 No. 15 s 5 (2)

number plate confiscation period see section 74H(3).

s 69 def number plate confiscation period ins 2013 No. 15 s 5 (2)

offence, in relation to which an application is made, means the initiating application offence and any other offence relied on for the purposes of any order under this chapter.

prescribed impoundment information means—

(a)information about how the owner of a motorbike impounded under this chapter may recover the motorbike; and

(b)a statement that, before the motorbike may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motorbike; and

(c)a statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motorbike; and

(d)a statement that, if the driver is a child and the child is found guilty of the offence for which the motorbike was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing and keeping the motorbike; and

(e)a statement that, if the owner of a motorbike fails to recover the motorbike after the period of impounding ends and the owner was the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motorbike is impounded; and

(f)a statement that, if the owner of the motorbike fails to recover the motorbike after the period of impounding ends and the owner was not the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and

(g)the penalty for unlawfully removing the motorbike from the place at which it is held.

s 69 def prescribed impoundment information amd 2006 No. 57 s 4 (4); 2013 No. 15 s 5 (4)

prescribed impoundment period, for a motor vehicle, means—

(a)a period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or

Example for paragraph (a)—

A motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.

(b)if the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends.

Examples for paragraph (b)—

1A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.

2A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.

s 69 def prescribed impoundment period ins 2013 No. 15 s 5 (2)

prescribed offence means—

(a)a motorbike noise order offence; or

(b)a vehicle related offence.

prescribed period, in relation to an application for an impounding order or a forfeiture order—

(a)for a vehicle related offence—means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or

(b)for a motorbike noise order offence—the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.

relevant court, in relation to an application for an impounding order or a forfeiture order for a motor vehicle, means—

(a)the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or

(b)if the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.

relevant period, in relation to a motor vehicle impounded or immobilised for a type 1 vehicle related offence or a type 2 vehicle related offence, means the period of not more than 5 years before the initiating impoundment or initiating immobilisation for the motor vehicle.

s 69 def relevant period sub 2006 No. 57 s 4 (1)–(2); 2013 No. 15 s 5 (1)–(2)

type 1 vehicle related offence see section 69A.

s 69 def type 1 vehicle related offence ins 2006 No. 57 s 4 (2)

type 2 vehicle related offence see section 69A.

s 69 def type 2 vehicle related offence ins 2006 No. 57 s 4 (2)

vehicle production notice see section 74K(2).

s 69 def vehicle production notice ins 2013 No. 15 s 5 (2)

vehicle related offence means—

(a)a type 1 vehicle related offence; or

(b)a type 2 vehicle related offence.

s 69 def vehicle related offence sub 2006 No. 57 s 4 (1)–(2)

s 69 ins 2002 No. 33 s 6

sub 2005 No. 64 s 7

69AMeaning of type 1 and type 2 vehicle related offences

(1)A type 1 vehicle related offence means—

(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

(b)an evasion offence; or

(c)an offence against the Road Use Management Act, section 85A.

Notes—

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).

(2)A type 2 vehicle related offence means any of the following offences—

(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;

(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.

(3)For subsection (2)(e), a regulation may only prescribe an offence that involves—

(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).

(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.

(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.

(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.

Note for subsections (4) and (5)—

These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2).

(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).

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

70References to motor vehicle includes motorbike

To remove any doubt, it is declared that—

(a)a reference in this chapter to a motor vehicle in relation to a prescribed offence includes a reference to a motorbike; and

(b)a reference in this chapter to a motor vehicle in relation to a vehicle related offence includes a reference to a motorbike.

s 70 ins 2002 No. 33 s 6

sub 2005 No. 64 s 7

71When a person is charged for this chapter in relation to a prescribed offence

(1)This section applies for this chapter if a proceeding for a prescribed offence is started against a person by notice to appear or arrest.

(2)This section also applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.

(3)If the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.

(4)If the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.

(5)If a person is served with an infringement notice, the person is taken to be charged with having committed the offence when the infringement notice is served on the person.

Note—

See the State Penalties Enforcement Act 1999, sections 13 (Service of infringement notices—generally) and 14 (Service of infringement notices for infringement notice offences involving vehicles).

s 71 ins 2002 No. 33 s 6

amd 2003 No. 92 s 6

sub 2005 No. 64 s 7

amd 2013 No. 15 s 8

71AWhen a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice

(1)This section applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.

(2)The charge for the offence is taken to not be decided if—

(a)there has been no payment of a penalty, in full or by instalments, under the State Penalties Enforcement Act 1999; and

(b)the registrar under the State Penalties Enforcement Act 1999 has not registered a default certificate for the infringement notice under that Act; and

(c)the person has not otherwise been found guilty of the offence.

s 71A ins 2013 No. 15 s 9

72Punishment under this chapter is in addition to other punishment for the same offence

The impounding, immobilisation or forfeiture of a motor vehicle or the imposition of community service on a person under this chapter arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed on the person for the prescribed offence.

s 72 ins 2002 No. 33 s 6

sub 2005 No. 64 s 7

amd 2013 No. 15 s 10

ch 4 pt 1 div 2 hdg orig ch 4 pt 1 div 2 hdg ins 2002 No. 68 s 332

om 2005 No. 45 s 3 sch 1

pres ch 4 pt 1 div 2 hdg ins 2005 No. 64 s 7

73National Credit Code

Nothing in this chapter affects the rights of a credit provider to repossess a motor vehicle under the National Credit Code and sell it.

s 73 ins 2002 No. 33 s 6

amd 2003 No. 92 s 3 sch

sub 2005 No. 64 s 7

amd 2010 No. 16 s 35 sch

ch 4 pt 2 hdg ins 2005 No. 64 s 7

sub 2013 No. 15 s 12

ch 4 pt 2 div 1 hdg orig ch 4 pt 2 div 1 hdg om 2005 No. 45 s 6

pres ch 4 pt 2 div 1 hdg ins 2005 No. 64 s 7

sub 2013 No. 15 s 13

74Impounding motor vehicles for first type 1 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle.

Note—

For when a person is charged with an offence, see section 71.

(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.

(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.

s 74 ins 2002 No. 33 s 6

amd 2003 No. 92 s 3 sch

sub 2005 No. 64 s 7

amd 2006 No. 57 s 8

sub 2013 No. 15 s 14

74AImpounding motor vehicles for second or subsequent type 1 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and—

(a)the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or

(b)the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period.

Notes—

1For when a person is charged with an offence, see section 71.

2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.

(2)A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.

(3)This section applies subject to division 2.

Note—

Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.

s 74A ins 2013 No. 15 s 15

74BForfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence

(1)This section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle—

(a)has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and

(b)is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A(1).

(2)On the driver being found guilty—

(a)the motor vehicle becomes the property of the State; and

(b)any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.

(3)This section applies subject to division 2.

Note—

Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.

(4)However, subsection (5) applies if—

(a)before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1)(b), the motor vehicle is released under section 79D, 79F or 79H with a condition; and

(b)the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.

(5)Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D, 79F or 79H.

s 74B ins 2013 No. 15 s 15

ch 4 pt 2 div 1A hdg ins 2013 No. 15 s 16

74CImpounding motor vehicles for second or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence in relation to the motor vehicle and—

(a)the driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or

(b)the driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period.

Note—

For when a person is charged with an offence, see section 71.

(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.

(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 7 days.

s 74C ins 2013 No. 15 s 16

74DImpounding motor vehicles for third or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence and—

(a)the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or

(b)the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or

(c)the driver of the motor vehicle—

(i)has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and

(ii)has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.

Notes—

1For when a person is charged with an offence, see section 71.

2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.

(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.

(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.

s 74D ins 2013 No. 15 s 16

74EImpounding motor vehicles for fourth or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if—

(a)the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence; and

(b)the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions within the relevant period; and

(c)for each of the charges mentioned in paragraph (b)—

(i)the charge has not been decided; or

(ii)the driver has been found guilty.

Notes—

1For when a person is charged with an offence, see section 71.

2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.

(2)A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.

(3)This section applies subject to division 2.

Note—

Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.

s 74E ins 2013 No. 15 s 16

74FForfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence

(1)This section applies in relation to a motor vehicle impounded under section 74E if the driver of the motor vehicle—

(a)has been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and

(b)is found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E(1).

(2)On the driver being found guilty—

(a)the motor vehicle becomes the property of the State; and

(b)any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.

(3)This section applies subject to division 2.

Note—

Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.

(4)However, subsection (5) applies if—

(a)before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1)(b), the motor vehicle is released under section 79D, 79F or 79H with a condition; and

(b)the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.

(5)Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D, 79F or 79H.

s 74F ins 2013 No. 15 s 16

ch 4 pt 2 div 1B hdg ins 2013 No. 15 s 16

ch 4 pt 2 div 1B sdiv 1 hdg ins 2013 No. 15 s 16

74GPurpose of div 1B

The purpose of this division is to provide another way for keeping a motor vehicle, that may be impounded under division 1 or 1A, at a place other than a holding yard.

s 74G ins 2013 No. 15 s 16

ch 4 pt 2 div 1B sdiv 2 hdg ins 2013 No. 15 s 16

amd 2018 No. 20 s 20

74HPower to remove and confiscate number plates

(1)This section applies if—

(a)a police officer may impound a motor vehicle under division 1 or 1A; and

(b)the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.

(2)The police officer may attach a notice (a number plate confiscation notice) to the motor vehicle stating all of the following—

(a)that the vehicle must not be operated;

(b)the period for which the vehicle is prohibited from being operated;

(c)that the notice must not be removed from the vehicle;

(d)the date the notice is attached to the motor vehicle.

(2A)If the police officer attaches a number plate confiscation notice to the motor vehicle and number plates are attached to the motor vehicle, the police officer must also remove and confiscate the number plates.

(3)Except as provided under this chapter, a motor vehicle to which a number plate confiscation notice is attached under this section is prohibited from being operated for the period stated in the notice (the number plate confiscation period) for which the vehicle would have been kept in a holding yard and commencing on the day the notice is attached to the vehicle.

(4)To remove any doubt, it is declared that a number plate confiscation notice may be attached to a motor vehicle whether or not number plates are attached to the vehicle.

Note—

See sections 105B and 105C for number plate offences.

s 74H ins 2013 No. 15 s 16

amd 2018 No. 20 s 21

74IMoving motor vehicle to which number plate confiscation notice is attached

A motor vehicle to which a number plate confiscation notice is attached under section 74H may be moved (for example, by being driven or towed) to a place authorised by a police officer where the motor vehicle may lawfully stand.

s 74I ins 2013 No. 15 s 16

ch 4 pt 2 div 1B sdiv 3 hdg ins 2013 No. 15 s 16

74JPower to attach immobilising device

(1)This section applies if—

(a)a police officer may impound a motor vehicle under division 1 or 1A; and

(b)the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.

(2)The police officer may attach an immobilising device, or arrange for an immobilising device to be attached, to the motor vehicle.

(3)Except as provided under this chapter, a motor vehicle to which an immobilising device is attached under this section is prohibited from being operated for the period for which the vehicle would have been kept in a holding yard commencing on the day the device is attached to the vehicle.

Note—

See sections 105D and 105E for immobilising device offences.

s 74J ins 2013 No. 15 s 16

ch 4 pt 2 div 1C hdg ins 2013 No. 15 s 16

74KPower to require motor vehicle to be produced

(1)This section applies if a police officer may—

(a)impound a motor vehicle under division 1 or 1A; or

(b)immobilise a motor vehicle under division 1B.

(2)The police officer may require the owner or driver by notice in the approved form (a vehicle production notice) to produce the vehicle at a stated place and stated time for impoundment or immobilisation.

(3)The time or place stated in the notice must be reasonable in the circumstances.

(4)If for any reason it is not practicable to give a vehicle production notice, the requirement may be made orally and confirmed by a vehicle production notice as soon as practicable.

s 74K ins 2013 No. 15 s 16

74LPeriod of impoundment or immobilisation starts only when motor vehicle produced

(1)This section applies to a motor vehicle in relation to which a vehicle production notice has been given under section 74K.

(2)The period for which the motor vehicle is impounded under division 1 or 1A, or immobilised under this division, starts only when the motor vehicle is produced at the place stated in the notice.

s 74L ins 2013 No. 15 s 16

74MVehicle production notices generally

(1)The date stated in a vehicle production notice for production of a motor vehicle must be a date that is no later than the first business day occurring 5 days after the notice is given.

(2)The disposal of a motor vehicle within the period of 5 days after a vehicle production notice is given in relation to the motor vehicle does not affect the requirement to produce the motor vehicle in accordance with the notice, except as provided by subsection (3).

(3)A vehicle production notice ceases to have effect in relation to a motor vehicle if it is withdrawn by the commissioner by notice in writing given to—

(a)the owner of the motor vehicle; or

(b)a person who purchased the motor vehicle after the production notice was given who satisfies the commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.

s 74M ins 2013 No. 15 s 16

ch 4 pt 2 div 1D hdg ins 2013 No. 15 s 17

75Particular powers for impounding or immobilising motor vehicles

(1)To impound a motor vehicle under divisions 1, 1A or part 2A, division 1, or to immobilise a motor vehicle under division 1B, a police officer may—

(a)stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or

(b)require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or

(c)direct the person who has the key needed to move the motor vehicle—

(i)to give the key to a police officer; or

(ii)if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or

(d)if it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or

(e)enter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or

(f)do anything else reasonably necessary for impounding or immobilising the motor vehicle.

(2)Also, when impounding or immobilising a motor vehicle that is not registered under a transport Act, a police officer may require the driver of the motor vehicle to state the name and address of the owner of the motor vehicle.

Note—

Failure to comply with a direction or requirement given or made under this section is an offence against section 791.

(2A)After impounding a motor vehicle, a police officer may move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.

Example of ways of moving a motor vehicle after it is impounded—

driving, pushing, towing or transporting the motor vehicle

(3)Subsection (1)(a) and (b) is in addition to, and does not limit, section 60 or 61.

(4)Also, the powers exercisable under subsection (1)(a) and (b) may be exercised before or after the motor vehicle is impounded or immobilised.

s 75 ins 2002 No. 33 s 6

amd 2003 No. 92 s 7

sub 2005 No. 64 s 7

amd 2006 No. 57 s 9; 2013 No. 15 s 18

76Release of motor vehicle in particular circumstances

(1)If a motor vehicle that is impounded or immobilised is a motor vehicle that is being unlawfully used or has been stolen or is a rental motor vehicle—

(a)the motor vehicle must be released to the owner as soon as reasonably practicable; and

(b)an application for an impounding order or a forfeiture order about the motor vehicle must not be made.

(2)In this section—

rental motor vehicle means a motor vehicle made available by a person in the course of a business in which the person rents vehicles to members of the public.

s 76 ins 2002 No. 33 s 6

sub 2003 No. 92 s 8; 2005 No. 64 s 7

amd 2013 No. 15 s 19

77Police officer may authorise tow

(1)This section applies if a police officer—

(a)arranges for an impounded motor vehicle to be towed to a holding yard; or

(b)arranges for an immobilised motor vehicle to be towed to a place.

(2)A police officer may sign a towing authority for the impounded or immobilised motor vehicle.

(3)The driver of a tow truck towing the impounded or immobilised motor vehicle under a towing authority must tow the motor vehicle to—

(a)if the police officer directs the driver to tow the motor vehicle to a particular holding yard or place—the holding yard or the place; or

(b)if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.

(4)In this section—

towing authority means—

(a)a towing authority under the Tow Truck Act 1973; or

(b)another document authorising a person to tow a motor vehicle.

s 77 ins 2002 No. 33 s 6

sub 2003 No. 92 s 8; 2005 No. 64 s 7

amd 2013 No. 15 s 20

78Impounding notice or immobilising notice for vehicle related offence

(1)This section applies if a motor vehicle is impounded or immobilised for a vehicle related offence.

(2)As soon as reasonably practicable, a police officer must give written notice in the approved form (impounding notice) of the impounding, or written notice in the approved form (immobilising notice) of the immobilising, to—

(a)the driver of the motor vehicle; and

(b)if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle.

(3)If the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2).

(4)The impounding notice or the immobilising notice must state—

(a)the period that the motor vehicle is impounded or immobilised for; and

(b)information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and

(c)any other information prescribed under a regulation.

(5)When giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice.

(6)The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.

(7)An impounding notice or immobilising notice given to a driver under subsection (2)(a) must be given personally to the driver.

(8)If the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2)(b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website.

s 78 ins 2002 No. 33 s 6

sub 2003 No. 92 s 9; 2005 No. 64 s 7

amd 2006 No. 57 s 10

sub 2013 No. 15 s 21

ch 4 pt 2 div 2 hdg orig ch 4 pt 2 div 2 hdg om 2005 No. 45 s 6

prev ch 4 pt 2 div 2 hdg ins 2005 No. 64 s 7

amd 2006 No. 57 s 12

om 2013 No. 15 s 23

pres ch 4 pt 2 div 2 hdg ins 2013 No. 15 s 24

ch 4 pt 2 div 2 sdiv 1 hdg ins 2013 No. 15 s 24

79Definitions for div 2

In this division—

eligible person, for a motor vehicle, means an owner or usual driver of the motor vehicle.

information notice, for a decision of the commissioner under this division, means a notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the person to whom the notice is given may appeal against the decision within 28 days after the person receives the notice; and

(d)how the person may appeal against the decision.

vehicle release notice, for a motor vehicle, means a notice stating—

(a)the decision of the commissioner made under this division; and

(b)the time and date when the impoundment, or immobilisation, of the vehicle ends; and

(c)any conditions to which the release of the motor vehicle is subject.

s 79 prev s 79 ins 2002 No. 33 s 6

amd 2003 No. 92 s 3 sch

sub 2005 No. 64 s 7

amd 2006 No. 57 s 11

om 2013 No. 15 s 22

pres s 79 ins 2013 No. 15 s 24

ch 4 pt 2 div 2 sdiv 2 hdg ins 2013 No. 15 s 24

79AApplication for release of impounded or immobilised motor vehicle on basis of severe hardship

(1)An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that the person would suffer severe hardship if the motor vehicle was not released.

(2)The application must be—

(a)made in the approved form; and

(b)supported by enough information to enable the commissioner to decide the application.

Note—

See section 79B(4) and (5) for particular information the applicant must give to the commissioner.

(3)An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.

s 79A ins 2013 No. 15 s 24

79BDecision on application for release of impounded or immobilised motor vehicle on basis of severe hardship

(1)The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either—

(a)grant the application; or

(b)refuse to grant the application.

(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.

(3)The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would—

(a)cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or

(b)cause severe physical hardship to the applicant or the applicant’s family.

(4)For subsection (3)(a), the applicant must give the following to the commissioner—

(a)a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family;

(b)if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.

(5)For subsection (3)(b), the applicant must give the commissioner a statement made by the applicant that—

(a)outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and

(b)has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.

(6)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.

(7)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.

(8)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle

2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes

(9)A condition made by the commissioner under this section expires on the earlier of the following—

(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;

(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

(10)In this section—

certified copy, of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence.

s 79B ins 2013 No. 15 s 24

79CApplication for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent

(1)The owner of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, may apply to the commissioner for the release of the motor vehicle on the basis that the offence happened without the consent of the person.

(2)The application must be—

(a)made in the approved form; and

(b)supported by enough information to enable the commissioner to decide the application.

(3)An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.

s 79C ins 2013 No. 15 s 24

79DDecision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent

(1)The commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either—

(a)grant the application; or

(b)refuse to grant the application.

(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.

(3)The commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner.

(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.

(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.

(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle

2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes

(7)A condition made by the commissioner under this section expires on the earlier of the following—

(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;

(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

(8)In this section—

relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened.

s 79D ins 2013 No. 15 s 24

79EApplication for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified

(1)This section applies if a motor vehicle is impounded under division 1 or 1A, or immobilised under division 1B, because of the commission of a relevant type 2 vehicle related offence.

(2)An eligible person may apply to the commissioner for the release of the motor vehicle on the basis that the circumstances giving rise to the offence have been rectified.

(3)The application must be—

(a)made in the approved form; and

(b)supported by enough information to enable the commissioner to decide the application.

Examples for paragraph (b)—

a receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department

(4)In this section—

relevant type 2 vehicle related offence means—

(a)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; or

(b)an offence against the Road Use Management Act, section 78(1).

s 79E ins 2013 No. 15 s 24

79FDecision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified

(1)The commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either—

(a)grant the application; or

(b)refuse to grant the application.

(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.

(3)The commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.

(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.

(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.

(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle

2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes

(7)A condition made by the commissioner under this section expires on the earlier of the following—

(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;

(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

s 79F ins 2013 No. 15 s 24

79GApplication for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable

(1)An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that there were not reasonable grounds to impound or immobilise the motor vehicle.

(2)The application must be—

(a)made in the approved form; and

(b)supported by enough information to enable the commissioner to decide the application.

s 79G ins 2013 No. 15 s 24

79HDecision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable

(1)The commissioner must consider an application for the release of a motor vehicle under section 79G after receiving all necessary information relevant to the application and either—

(a)grant the application; or

(b)refuse to grant the application.

(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.

(3)The commissioner may grant the application if the commissioner is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle.

(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.

(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.

(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle

2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes

(7)A condition made by the commissioner under this section expires on the earlier of the following—

(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;

(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

s 79H ins 2013 No. 15 s 24

79IImpoundment or immobilisation ends if application for release of motor vehicle granted

(1)If the commissioner grants an application for the release of a motor vehicle under this division, the impoundment of the motor vehicle under division 1 or 1A, or the immobilisation of the motor vehicle under division 1B, ends.

(2)This section applies subject to section 79P.

s 79I ins 2013 No. 15 s 24

ch 4 pt 2 div 2 sdiv 3 hdg ins 2013 No. 15 s 24

79JWho may appeal

(1)A person who is aggrieved by a decision of the commissioner under section 79B, 79D, 79F or 79H may appeal against the decision.

(2)In this section—

decision includes a condition made by the commissioner under section 79B, 79D, 79F or 79H in relation to granting an application for the release of a motor vehicle.

s 79J ins 2013 No. 15 s 24

79KHow to start appeal

(1)The appeal is started by filing a notice of appeal with the clerk of a Magistrates Court.

(2)The appellant must serve a copy of the notice on—

(a)the other persons entitled to appeal against the decision; and

(b)the commissioner.

(3)Despite subsection (2), the clerk of the court may ask the commissioner to serve a copy of the notice on a person mentioned in subsection (2)(a) whom the appellant is unable to serve.

(4)The notice of appeal must be filed within 28 days after the person is given an information notice for the decision.

(5)The court may at any time extend the period for filing the notice of appeal.

(6)The notice of appeal must state fully the grounds of the appeal and the facts relied on.

s 79K ins 2013 No. 15 s 24

79LEffect of appeal on decision

(1)The start of an appeal against a decision of the commissioner does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2)However, the court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.

(3)The court may act under subsection (2) on the application of the appellant or on its own initiative.

s 79L ins 2013 No. 15 s 24

79MCommissioner has right of appearance

The commissioner has a right to appear and be heard before the court on an appeal under this subdivision.

s 79M ins 2013 No. 15 s 24

79NHearing procedures

(1)An appeal must be decided on the evidence before the commissioner.

(2)However, the court may order that the appeal be heard afresh, in whole or part.

s 79N ins 2013 No. 15 s 24

79OPowers of Magistrates Court

In deciding an appeal, the court may—

(a)confirm the decision appealed against; or

(b)set aside the decision and substitute another decision that it considers appropriate.

s 79O ins 2013 No. 15 s 24

ch 4 pt 2 div 2 sdiv 4 hdg ins 2013 No. 15 s 24

79PPower to take certain action if breach of condition

(1)This section applies if—

(a)the commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and

(b)the condition is breached.

(2)A police officer may impound or immobilise the motor vehicle for the remainder of the period for which the vehicle would have been impounded or immobilised.

(3)For impounding or immobilising a motor vehicle under this section, a police officer may exercise any of the powers under section 75 if the police officer reasonably considers the exercise of the power may be effective for the purpose.

s 79P ins 2013 No. 15 s 24

79QDelegation—commissioner

The commissioner may delegate any of the commissioner’s powers under this division including, for example, considering an application for the release of an impounded or immobilised vehicle under subdivision 2 and making a decision about the application, to a police officer of at least the rank of inspector.

s 79Q ins 2013 No. 15 s 24

ch 4 pt 2A hdg ins 2013 No. 15 s 25

ch 4 pt 2A div 1 hdg ins 2013 No. 15 s 25

80Impounding motorbike for motorbike noise direction offence or motorbike noise order offence

(1)A police officer may impound a motorbike if—

(a)the driver of the motorbike is charged with having committed—

(i)a motorbike noise direction offence; or

(ii)a motorbike noise order offence; or

(b)the driver of the motorbike is a child and the police officer reasonably suspects the child has committed—

(i)a motorbike noise direction offence; or

(ii)a motorbike noise order offence.

Note—

For when a person is charged with an offence, see section 71.

(2)A motorbike impounded under subsection (1) may be impounded for the initial impoundment period.

s 80 prev s 80 ins 2002 No. 33 s 6

amd 2003 No. 22 s 30 sch; 2003 No. 92 s 10

sub 2005 No. 64 s 7

amd 2006 No. 57 s 13

om 2013 No. 15 s 23

pres s 80 ins 2013 No. 15 s 25

81Impounding notice for motorbike noise direction offence or motorbike noise order offence

(1)This section applies if a motorbike is impounded for a motorbike noise direction offence or a motorbike noise order offence.

(2)As soon as reasonably practicable, a police officer must give written notice in the approved form (impounding notice) of the impounding to—

(a)the driver of the motorbike; and

(b)if the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.

(3)If the driver is a child, the impounding notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2).

(4)If the motorbike is impounded for a motorbike noise direction offence, the impounding notice must include the information required under section 82.

(5)If the motorbike is impounded for a motorbike noise order offence, the impounding notice must include the information required under section 83 or 84.

(6)When giving an impounding notice under this section to a child or the child’s parent or guardian, the police officer giving the impounding notice must also give the person an explanation of the matters stated in the notice.

(7)The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.

(8)An impounding notice given to a driver under subsection (2)(a) must be given personally to the driver.

(9)Also, if the name of the owner of the motorbike is not known, an impounding notice required to be given to the owner under subsection (2)(b) may be given by making the information required to be included on the impounding notice, other than the owner’s name and address, available on the police service internet website.

s 81 prev s 81 ins 2003 No. 92 s 11

sub 2005 No. 64 s 7

amd 2006 No. 57 s 14

om 2013 No. 15 s 23

pres s 81 ins 2013 No. 15 s 25

ch 4 pt 2A div 2 hdg ins 2013 No. 15 s 26

82Content of notice for motorbike noise direction offence

(1)This section applies if a motorbike has been impounded because a police officer reasonably suspects the driver of the motorbike has committed a motorbike noise direction offence.

(2)The impounding notice must state—

(a)that the motorbike is impounded for the initial impoundment period; and

(b)the prescribed impoundment information; and

(c)that an application will be made to the relevant court for a noise abatement order within 48 hours after the end of the impoundment period.

s 82 ins 2005 No. 64 s 7

83Content of notice for first motorbike noise order offence

(1)This section applies if a motorbike has been impounded because of a motorbike noise order offence and section 84 does not apply to the driver of the motorbike.

(2)The impounding notice must state—

(a)that the motorbike is impounded for the initial impoundment period; and

(b)the prescribed impoundment information; and

(c)that an application will be made to the relevant court for an order that the motorbike be impounded for 3 months if the driver of the motorbike is found guilty of a motorbike noise order offence relating to the motorbike.

s 83 ins 2005 No. 64 s 7

84Content of notice for second or subsequent motorbike noise order offence

(1)This section applies if a motorbike has been impounded because of a motorbike noise order offence and—

(a)the driver of the motorbike has been found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion and has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or

(b)the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided;

within 2 years after a noise abatement order is made in relation to the driver of the motorbike.

Note—

See section 71 for when a person is charged for this chapter. Also, this section, unlike the corresponding provisions about motor vehicle related offences, does not rely on the suspicion of a police officer because the principal operation of the section in fact relates to children and processes under the Youth Justice Act 1992 apply.

(2)The impounding notice must state—

(a)that the motorbike is impounded for the initial impoundment period; and

(b)that an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver—

(i)the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;

(ii)the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and

(c)the prescribed impoundment information.

s 84 ins 2005 No. 64 s 7

amd 2009 No. 34 s 45 (1) sch pt 1 amdt 27

ch 4 pt 3 hdg ins 2005 No. 64 s 7

amd 2013 No. 15 s 28

ch 4 pt 3 div 1 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 29

ch 4 pt 3 div 2 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 31

ch 4 pt 3 div 3 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 33

86Application for impounding order for motorbike noise order offence

(1)This section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91.

(2)Within 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months (impounding order).

(3)The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (5) of this section.

(4)Subsection (3) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.

(5)If the application is properly made to a magistrate under section 800, the magistrate must—

(a)order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and

(b)give a copy of the application and the order to the clerk of the court of the relevant court.

s 86 ins 2005 No. 64 s 7

88Orders on application for impounding order if motorbike noise order offence not decided

(1)This section applies if—

(a)an application is made to a relevant court under section 86 for an impounding order for a motorbike; and

(b)any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.

(2)The court must adjourn the application until the driver has been found guilty of the offence.

s 88 ins 2005 No. 64 s 7

89Advice to owner of motorbike of date of hearing

(1)As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.

(2)If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.

s 89 ins 2005 No. 64 s 7

amd 2013 No. 15 s 34

ch 4 pt 4 hdg ins 2005 No. 64 s 7

amd 2013 No. 15 s 35

ch 4 pt 4 div 1 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 35

ch 4 pt 4 div 2 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 38

ch 4 pt 4 div 3 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 40

91Application for forfeiture order for motorbike noise order offence

(1)This section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike—

(a)has been—

(i)found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and

(ii)charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or

(b)has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided.

(2)Within 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74, a police officer must apply in the approved form for an order that the motorbike be forfeited to the State (forfeiture order).

(3)The application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1)(a) or (b).

(4)The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section.

(5)Subsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.

(6)If the application is properly made to a magistrate under section 800, the magistrate must—

(a)order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and

(b)give a copy of the application and the order to the clerk of the court of the relevant court.

s 91 ins 2005 No. 64 s 7

93Orders on application for forfeiture order if motorbike noise order offence not decided

(1)This section applies if a police officer applies to a relevant court under section 91 for a forfeiture order for a motorbike and any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.

(2)If the driver of the motorbike has not been found guilty of motorbike noise order offences in relation to offences committed on 2 occasions within the prescribed period, the court must adjourn the application until the driver has been found guilty of charges in relation to motorbike noise order offences committed on at least 2 occasions within the prescribed period.

(3)However, if the application relates to at least 1 motorbike noise order offence of which the driver has been found guilty, the court may make an order under subsection (4) if satisfied the motorbike should be impounded to stop the commission of another motorbike noise order offence.

(4)The court may order that the motorbike be impounded, or continue to be impounded, for a stated period of not more than 3 months.

s 93 ins 2005 No. 64 s 7

94Advice to owner of motorbike of date of hearing

(1)As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.

(2)If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.

s 94 ins 2005 No. 64 s 7

amd 2013 No. 15 s 41