QueenslandMOTORVEHICLESCONTROLACT1975Reprinted as in
force on 21 June 1994(includes amendments up to Act No. 32
of 1993)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 21 June 1994.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind.Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see List of legislation and List of
annotations in Endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (Pt 4,
Div 2)•update references (Pt 4, Div 3)•expressgenderspecificprovisionsinawayconsistentwithcurrentlegislativedrafting practice
(s 24)•usedifferentspellingconsistentwithcurrentlegislativedraftingpractice(s 26(2))•usestandardpunctuationconsistentwithcurrentlegislativedraftingpractice(s 27)•useconjunctivesanddisjunctivesconsistentwithcurrentlegislativedraftingpractice (s 28)•use
expressions consistent with current legislative drafting practice
(s 29)•useaspectsofformatandprintingstyleconsistentwithcurrentlegislativedrafting practice
(s 35)•omit provisions that are no longer
required (ss 39 and 40)•omit the enacting
words (s 42A)•number and renumber certain provisions
and references (s 43)•correct minor
errors (s 44).Also see Endnotes for—•details about when provisions commenced•any
provisions that have not commencedandarenotincorporatedinthereprint•furtherinformationabouteditorialchangesmadeinthereprint,including—•Table of changed names and
titles•Table of obsolete and redundant
provisions•Table of corrected minor errors•Table of renumbered
provisions.
s13s4Motor
Vehicles Control Act 1975MOTOR VEHICLES CONTROL ACT 1975[as
amended by all amendments that commenced on or before 21 June
19942]An Act to provide
for the registration of certain motor vehicles usedelsewhere than on roads and to regulate the
use of such vehiclesinpublicplaces;toprovidewithrespecttotheuseofmotorvehicles for the
carriage of passengers and within declared areasand
with respect to the dangerous driving of motor vehicles; toprovide for matters incidental to the
foregoing matters†PART 1—PRELIMINARY˙Short
title1.This Act may be cited as theMotor Vehicles Control Act 19753–9.˙Commencement of Act2.ThisActortheseveralprovisionsofthisAct,asspecifiedbyproclamation, shall come into operation on
the date appointed in relation tothe Act or, as
the case may be, those provisions by the proclamation.˙Meaning of terms4.In
this Act—“motor vehicle”meansanyvehiclepropelledwhollyorpartlybygas,motor spirit,
oil, electricity, steam or like motive power and includes atrailer but does not include a fire engine,
fire reel or any machinerydesignedspeciallyforroad-makingorroad-maintenance,oranymachinery designed for cutting grass
or foliage and used for no otherpurpose;
s44s4Motor
Vehicles Control Act 1975“owner”includes—(a)inrespectofamotorvehicleregisteredundertheTransportInfrastructure(Roads)Act1991orundercorrespondinglegislation of
any other State or Territory of the Commonwealthor
under the regulations made pursuant to this Act—every personso
registered as owner;(b)in respect of a
motor vehicle the subject of a hiring agreement or ahire-purchaseagreement—thepersonwhohastheuseofthevehicle as hirer under the agreement;(c)in respect of any motor vehicle—a
joint owner or a part owner ofthe
vehicle;“public place”means a place of
public resort open to or used by the publicas of right, and
a place for the time being used for a public purpose oropentoaccessbythepublic,whetheronpaymentorotherwise,oropentoaccessbythepublicbytheexpressortacitconsentorsufferance of the owner of that place,
whether the place is or is not soopen at all
times, and a place for the time being declared by regulationto
be a public place for the purposes of this Act, but does not
include—(a)a track which at the material time is
being used as a course forracing or testing motor vehicles and
from which other traffic isexcluded during
that use; or(b)aplacethatisaroadwithinthemeaningoftheTransportInfrastructure
(Roads) Act 1991or theTraffic Act
1949; or(c)a
place that is declared under section 25 not to be a public
place;“recreation vehicle”means a motor
vehicle in respect of which—(a)there exists a current certificate of
registration or of renewal ofregistration
issued under and in accordance with this Act; and(b)theredoesnotexistacurrentcertificateofregistrationorofrenewal of registration issued under
theTransport Infrastructure(Roads) Act
1991or under and in accordance with
correspondinglegislation of any other State or Territory
of the Commonwealth;“road”meansanyway,whethersurveyedorunsurveyeddedicatedtopublic use as a road and any track
used by the public as a road throughany vacant Crown
land, pastoral holding or reserve, the boundaries of
s55s6Motor
Vehicles Control Act 1975which track are not defined by survey
and the area of which track isnot dedicated
for public use as a road, and includes a bridge, culvert,ferry and ford;“tractor”means a motor vehicle that is used or
intended to be used forhaulagepurposesandthatisnotdesignedforthecarriageofpassengers or loads other than fuel or water
for its own consumption;“trailer”meansavehiclewithoutmotivepowerattachedtoamotorvehicle.˙Authorised officers5.(1)For
the purposes of this Act an authorised officer is—(a)a police officer; or(b)any person appointed as such pursuant
to subsection (2), withinthe area of jurisdiction entrusted to
the person by the appointment;or(c)any person appointed as such pursuant
to subsection (3), withinthe area of jurisdiction entrusted to
the person by the appointment.(2)The
chief executive may, in writing, appoint any person who holds
anappointment in a department of the Government
to be an authorised officerfor the purposes
of this Act, either in respect of the whole of the State or
ofany part thereof defined in the
appointment.(3)A local government may, in writing,
appoint any person to be anauthorised
officer for the purposes of this Act, either in respect of the
wholeof the area of that local government or of
any part thereof defined in theappointment.†PART
2—RECREATION VEHICLES˙Application of
Part excluded6.This Part does not apply in respect
of—(a)a vehicle that is used in a public
place for the conveyance of an
s76s8Motor
Vehicles Control Act 1975incapacitated person and that is
designed for use solely for thatpurpose;
or(b)avehiclewhileitisbeingusedwithinthelimitsofadefinedfabricated area
in a public place; or(c)a vehicle of a
type that is declared under section 25 to be a type ofvehicle to which this Part does not
apply.˙Registration of recreation
vehicles7.(1)The registration
of a motor vehicle as a recreation vehicle and everyrenewal thereof shall be made with the
prescribed registering authority inaccordance with
the regulations.(2)Nothing in this Act requires or shall
require the prescribed registeringauthority to
register as a recreation vehicle a vehicle which—(a)does not comply with the requirements
prescribed by law withrespecttotheconstructionofvehiclesofthetypeofvehiclesubmitted for
registration; or(b)is so constructed or is in such a
condition that in the opinion ofthe prescribed
registering authority or his or her agent it would bedangerous or unsafe to use the vehicle in a
public place; or(c)does not comply with the structural
and equipment requirementsprescribedinrelationtotheclassofvehiclethatincludesthevehicle in question.(3)Apersonshallnotberegisteredasownerofarecreationvehicleunless the person has attained the age of 18
years.˙Suspension of registration of
recreation vehicles8.(1)Where the
prescribed registering authority is satisfied that a vehicleregistered as a recreation vehicle is in such
a condition that it would bedangerous or
unsafe to use the vehicle in a public place the authority
may,by notice in the prescribed form served
personally on or sent by prepaidpost to the
owner, suspend the registration of the vehicle.(2)Wheretheprescribedregisteringauthorityissatisfiedthatthedeficiencies and defects in a vehicle,
the registration of which is suspended
s
97s 12Motor Vehicles
Control Act 1975under subsection (1), have been remedied and
that it would no longer bedangerous or unsafe to use the vehicle
in a public place the authority may,by notice in the
prescribed form served personally on or sent by prepaidpost
to the owner, withdraw the suspension.(3)During any period of suspension of the
registration of a recreationvehicle the
vehicle shall be taken to be unregistered.˙Application of Motor Vehicles Insurance
Act9.The provisions of theMotor Vehicles Insurance Act 1936shall applyin respect of
recreation vehicles as if the reference ‘registration’ in that
Act,asdefinedinthatAct,includedregistrationundertheregulationsmadepursuant to this Act in relation to
recreation vehicles.˙Conditions for use
of vehicles in public places10.A
person shall not use a motor vehicle in a public place
unless—(a)thereexistsinrespectofthatvehicleacurrentcertificateofregistrationorofrenewalofregistrationissuedundertheTransportInfrastructure(Roads)Act1991orunderandinaccordance with corresponding
legislation of any other State orTerritory of the
Commonwealth or under and in accordance withthe regulations
made pursuant to this Act in relation to recreationvehicles; and(b)the
number plates issued in respect of the vehicle are fixed in
aconspicuous position on the front and rear
thereof; and(c)the identifying number on each number
plate fixed on the vehicleis not in any way obscured or rendered
not easily distinguishable.Maximum penalty—4
penalty units.˙Persons authorised to drive recreation
vehicles11.Subject to this Act, a person who has
attained the age of 8 years isauthorised to
drive a recreation vehicle in a public place but not on a
road.
s
138s 14Motor Vehicles
Control Act 1975˙Offences concerning recreation
vehicles12.(1)Apersonshallnotuseonaroadamotorvehiclethatisarecreation vehicle.Maximum penalty—4
penalty units.(2)If a person who contravenes subsection
(1) has not attained the age of8 years at the
time of the contravention the person is not liable as for anoffence consisting of that
contravention.˙Offences with recreation vehicles by
persons who cannot hold drivinglicences13.(1)A person who has
not attained the age of 17 years shall not drivein a
public place—(a)arecreationvehiclehaving2wheelsor3wheelsunlessthevehicle has an engine capacity of not
more than 90 ml; or(b)a recreation vehicle having more than
3 wheels unless the outerdiameter of the wheels of the vehicle
does not exceed 305 mm; or(c)a recreation
vehicle at a speed exceeding 50 km/h.Maximum penalty—4
penalty units.(2)For the purposes of this section the
outer diameter of a wheel is thediameter thereof
measured from the surface of the tyre tread to the surfaceof
the tyre tread.†PART 3—BUSINESS VEHICLES˙Standards for use of business
vehicles14.(1)Apersonshallnotuseamotorvehicleforthecarriageofpassengers for reward or for the
carriage of passengers in connection withthe conduct of a
business unless—(a)thereexistsinrespectofthevehicleacurrentcertificateofregistration or of renewal of registration,
as the case requires, duly
s
159s 15Motor Vehicles
Control Act 1975issued under theTransportInfrastructure(Roads)Act1991orunder and in accordance with corresponding
legislation of anyother State or Territory of the
Commonwealth; and(b)there has been granted and is in force
in respect of the vehicle acertificate of
inspection under theMotor Vehicles Safety Act 1980;and(c)the
vehicle is driven, at the time of such use, by a person who
isthe holder of a current driver’s licence
within the meaning of theTraffic Act 1949that authorises
the person to drive that class ofvehicle.Maximum penalty—10 penalty units.(2)The requirement specified in
subsection (1)(a) shall be complied withwhether or not
the motor vehicle concerned is used at any time on a road.˙Duties of owner of vehicle15.(1)Theownerofamotorvehiclehadforuseforthecarriageofpassengers for reward or for the
carriage of passengers in connection withthe conduct of a
business—(a)shall, at all times when the vehicle
is so used, be the holder of acurrent
certificate of registration or of renewal of registration,
asthe case requires, duly issued under
theTransport Infrastructure(Roads) Act
1991or under and in accordance with
correspondinglegislation of any other State or Territory
of the Commonwealthin respect of the vehicle; and(b)shall, at all times when the vehicle
is so used, be the holder of acurrent
certificate of inspection granted under theMotor
VehiclesSafety Act 1980in respect of
the vehicle; and(c)shall not permit or suffer the vehicle
to be so used unless it isdriven, at the time of such use, by a
person who is the holder of acurrent driver’s
licence within the meaning of theTraffic Act
1949that authorises the person to drive that
class of vehicle.Maximum penalty—10 penalty units.(2)Upon a charge of breach of a duty
referred to in subsection (1)(a) or(b) it is a
defence to show that—
s
1610s 17Motor Vehicles
Control Act 1975(a)the motor vehicle was in the
possession of another person at thetime of the use
in question; and(b)the person charged with the breach of
duty did not have, at thetime of the use in question, any
control as to the use to be madeof the motor
vehicle.(3)Upon a charge of breach of a duty
referred to in subsection (1)(c)evidence that a
motor vehicle was used on the occasion in question shall beevidenceand,intheabsenceofevidencetothecontrary,conclusiveevidence that the
use was with the permission of the owner charged with thebreach of duty.˙Liability of unlicensed driver16.Apersonshallnotdriveamotorvehicleforthecarriageofpassengers for reward or for the
carriage of passengers in connection withthe conduct of a
business unless the person is, at the time of such use, theholder of a current driver’s licence within
the meaning of theTraffic Act1949that
authorises the person to drive that class of vehicle.Maximum penalty—10 penalty units.˙Provisions concerning offences under ss
14 and 1617.(1)Uponachargeofanoffencedefinedinsection14or16itisimmaterial—(a)whethertheuseor,asthecasemaybe,drivingofthemotorvehicle occurred
on a road or elsewhere; or(b)whether the
business to which the charge may refer is conductedby
the person who uses or, as the case may be, drives the motorvehicle or by another.(2)A
person may be charged both with an offence defined in section
14and with an offence defined in section 16,
according to the circumstances ofthe case, but the
person shall not be convicted twice in respect of the oneoccasion.
s
1811s 20Motor Vehicles
Control Act 1975†PART 4—DECLARED AREAS˙Declaration of areas18.(1)The Governor in
Council may, by regulation, declare any part ofthe State to be
an area for the purposes of this Act if, having regard to
thenumberofpersonsthatusetheareaorthattheGovernorinCouncilconsiders are to
be expected to use the area, either continually or at any
time,orhavingregardtothefloraorfaunathereinortoanynaturalfeaturethereof,orforanyotherreasonwhatever,theGovernorinCouncilissatisfied that the use of motor vehicles
within the area should be prohibitedor
regulated.(2)A part of the State declared pursuant
to this section is and is in thisAct referred to
as a declared area.˙Provisions affecting declared
areas19.An area declared under section
19—(a)shall be sufficiently described in the
regulation whereby it is sodeclared as to
identify it;(b)may be so declared as to be a declared
area either at all times orduring the hours
specified in the regulation;(c)shall continue as a declared area until the
regulation whereby it isso declared is revoked.˙Application of specified laws within
declared areas20.(1)By the
regulation whereby the Governor in Council declares anarea
under section 18 or by a subsequent regulation the Governor in
Councilmay declare that the Acts or enactments
specified therein shall apply to allmotor vehicles,
or to motor vehicles of a type specified therein, when usedwithin the declared area and to the owners
and drivers of the motor vehicles(when so used) to
which the Acts or enactments so specified are to apply.(2)The Acts and enactments specified
pursuant to subsection (1) shallapply according
to the terms of the regulation and may be made to so applyto
motor vehicles while being used on roads within the declared area
or to
s
2112s 22Motor Vehicles
Control Act 1975motor vehicles wherever used within the area
and in the latter case, shouldthe case require
it, the provisions of those Acts and enactments shall be
readand construed and modified
accordingly.˙Regulations relating to declared
areas21.(1)The power to
make regulations under this Act includes power tomake
regulations—(a)that prohibit or regulate the use of
motor vehicles within declaredareas;(b)that provide for obligations of
persons who use motor vehicleswithin declared
areas wherein their use is regulated;(c)that
provide for the functions and powers of authorised officers
inrespect of motor vehicles that are used or
have been used withindeclared areas and in respect of
persons who so use or have soused
them.(2)Where any provision of a regulation
touching a matter referred to insubsection(1)isinconsistentwithaprovisionofanyActorotherenactment that
applies within a declared area the regulation shall prevail
andtheActorotherenactmentshall,totheextentoftheinconsistency,bedeemed not to apply within the declared area
concerned.˙Offences in declared areas22.(1)Apersonshallnotuseamotorvehiclewithinadeclaredareawherein the use of a motor vehicle is
prohibited.Maximum penalty—10 penalty units or
imprisonment for 6 months.(2)A person shall
not use a motor vehicle within a declared area whereinthe
use of a motor vehicle is regulated unless the person complies in
allrespects with the regulations that relate to
the presence, driving and use ofmotor vehicles
within that area.Maximum penalty—10 penalty units.(3)A person who within a declared area
within which the provisions ofany Acts or
enactments are made applicable pursuant to section 20 uses amotor
vehicle in contravention of any of those provisions is liable to
the
s
2313s 24Motor Vehicles
Control Act 1975penalties prescribed by the relevant Act or
enactment, as the case may be, inrespect of such
contravention or to a maximum penalty of 10 penalty units,whichever is the greater.(4)For
the purposes of subsection (3) a penalty of imprisonment shall
betaken to be greater than a pecuniary
penalty.†PART 5—DANGEROUS DRIVING˙Dangerous driving23.(1)Thissectionappliesinrespectofmotorvehicleswhilebeingdriven—(a)in a
declared area; or(b)for the carriage of passengers for
reward or for the carriage ofpassengers in
connection with the conduct of a business; or(c)in a
public place.(2)A person must not drive dangerously a
motor vehicle to which thissection
applies.Maximum penalty—10 penalty units or
imprisonment for 6 months.(3)Theexpression‘drivedangerouslyamotorvehicle’includesthedriving of a motor vehicle at a speed or in a
manner dangerous to the publicor to the persons
in the vehicle having regard to all the circumstances of thecase.(4)This section is
in addition to the provisions of the Criminal Code orof
any other Act that touch upon the dangerous driving of motor
vehicles.˙Speed restriction on drivers under 17
years24.A person who has not attained the age
of 17 years shall not drive in apublic place a
motor vehicle at a speed exceeding 50 km/h.Maximum penalty—4
penalty units.
s
2514s 26Motor Vehicles
Control Act 1975†PART 6—GENERAL PROVISIONS˙Declarations in relation to public
places and exempt vehicles25.(1)TheGovernorinCouncilmay,byregulation,declarethataspecified place is, or is not, a public place
for the purposes of this Act.(2)The
Minister may, by Gazette notice, declare that a specified place
isnot a public place for the purposes of this
Act.(3)A declaration under subsection (2) may
operate for a specified periodnot longer than 3
days.(4)The Governor in Council may, by
regulation, declare that Part 2 doesnot apply
to—(a)a specified type of vehicle; or(b)any vehicle other than a specified
type of vehicle.˙Obligation of drivers and others to
comply with directions26.(1)An authorised
officer who—(a)finds a person committing, or
reasonably suspects that a personhas committed an
offence against this Act (including an offenceagainst this
section) or an offence against theTraffic Act
1949inrespect of which the officer is
competent to prosecute; or(b)is making
inquiries or investigations with a view to establishingwhether an offence against this Act
(including an offence againstthis section) or
an offence against theTraffic Act 1949in
respectofwhichtheofficeriscompetenttoprosecutehasbeencommitted by any
person; or(c)isoftheopinionthatapersonwaspresentatthesceneofanincident in a public place in which a
motor vehicle was involvedresulting in the death of or injury to
any person or damage to anyproperty and
that the person may be able to give information orevidence in relation to that incident;
or(d)isoftheopinionthatthenameandaddressofapersonisnecessary for the purpose of giving effect
to any of the provisionsof this Act or of theTraffic Act 1949concerning an
offence in
s
2615s 26Motor Vehicles
Control Act 1975respect of which the officer is competent to
prosecute, or for thepurpose of enabling the officer to
carry out any of the officer’sfunctions or
duties under this Act or under that Act;may require that
person—(e)tostop,or,wherethatpersonisthedriverofanyvehicleoranimal, to stop that vehicle or animal;
and(f)toproduceanycertificateofregistrationorofrenewalofregistration issued in respect of any
vehicle being driven by theperson or any
driver’s licence, provisional licence, interim licenceor
learner’s permit issued to the person under theTraffic Act
1949orunderthelawsofanyotherStateorTerritoryoftheCommonwealthorofanyothercountryinwhichthepersonusually resides;
and(g)to state the person’s name, address
and age and, if the authorisedofficer has
reasonable grounds to suspect that the name or theaddressortheagegivenisfalse,tosupplyevidenceofthecorrectness
thereof.(2)A person who—(a)fails to comply with a requisition directed
to the person undersubsection (1); or(b)states a false name or a false address or a
false age in response toa requisition directed to the person
under subsection (1); or(c)supplies false
evidence as to the person’s name or address or ageinresponsetoarequisitiondirectedtothepersonundersubsection
(1);commits an offence against this Act.(3)It is a defence to a charge of an
offence defined in subsection (2) thatconsists in a
failure to produce forthwith a licence, other than a
driver’slicence, issued to the defendant under
theTrafficAct1949ortosupplyevidence of the
defendant’s name or address or age or in supplying falseevidence of any such particulars to show that
the defendant had reasonablecause for such
failure.(4)Apersonshallbetakentohavesufficientlycompliedwitharequisitiontoproduceadriver’slicenceissuedtothepersonunderthe
s
2716s 29Motor Vehicles
Control Act 1975Traffic Act 1949other than a
provisional licence, interim licence or learner’spermit issued to the person under that Act or
to supply evidence as to age if,not later than 48
hours after being required so to do, the person produces thelicence or supplies the evidence to the
officer in charge of such police stationor to such other
person as is specified by the authorised officer.˙Power of arrest without warrant27.An authorised officer who is a police
officer may arrest any personfound by the
officer committing an offence against this Act or who, in
theofficer’sopinion,hascommittedanoffenceagainstthisActiftheauthorised
officer has reasonable ground to believe that proceedings
againstthat person by way of summons would not be
effective.˙Authorised officers’ powers re traffic
offences28.WhereanoffencedefinedintheTrafficAct1949(notbeinganoffence so defined that it may be committed
only on a road) is committed ina public place to
which that Act applies either of its own force or pursuant
tosection 20 any authorised officer is
competent to lay a charge and prosecuteunder that Act in
respect of that offence notwithstanding that the officer isnot a
police officer and notwithstanding section 45(3) of that
Act.˙Authorised officers may take charge of
vehicles29.(1)An authorised
officer may seize, remove and detain or cause to beremoved and detained a motor vehicle—(a)where the motor vehicle is in a public
place or a declared area anditsdriverhasbeendulyarresteduponachargeofanoffencecommitted in
connection with that vehicle;(b)where there are reasonable grounds for
suspecting that the motorvehicle is abandoned in a public place
or a declared area by theperson who last drove or used it or
that the motor vehicle hasbeen involved in an incident whereby
death or injury was causedto any person or to any animal, or
damage was caused to anyproperty, and in the authorised
officer’s opinion the motor vehicleisrequiredforthepurposeofcompletinginquiresandinvestigations with respect to such
incident and for the purpose of
s
2917s 29Motor Vehicles
Control Act 1975any proceeding arising therefrom;(c)where there are reasonable grounds for
suspecting that the motorvehicle is left unattended in a public
place or a declared area forsuch a time or
in such a place, condition, manner or circumstancethat
it causes or is likely to cause danger, hindrance or
obstructionto traffic, or prevents, hinders or
obstructs or is likely to prevent,hinder or
obstruct the lawful use of the public place or declaredarea;(d)which is found in a public place or a
declared area in such a place,condition,mannerorcircumstancethatitspresenceisincontravention of any provision of law,
or causes or is likely tocausedanger,hindranceorobstructiontotrafficorprevents,hinders or
obstructs, or is likely to prevent, hinder or obstruct thelawful use of the public place or declared
area and—(i)the driver of which cannot be readily
located; or(ii)thedriverofwhichfailstoremoveitforthwithwhenrequired by an authorised officer so to
do.(2)Amotorvehicleseizedunderthissectionmaybedetainedforaperiodof3monthsoruntilthefinaldetermination(includingthedetermination of an appeal therein (if any))
of proceedings taken within thatperiod in
relation to the vehicle, whichever time is the longer.(3)At any time when a vehicle seized
under this section is being detainedunder the
authority of this section the owner or other person claiming
aproprietary interest therein may apply to a
Magistrates Court constitutedunder theJustices Act 1886having
jurisdiction at the place where the vehicleis detained for
an order that the vehicle be returned to the owner or otherperson or disposed of as to the court seems
just.(3A)Notice of such
an application shall be given to the person in whosecustody the vehicle is held.(4)If the court which hears an
application made under subsection (3) issatisfied
that—(a)the applicant has an interest in the
vehicle that should be protected;and(b)the vehicle is not required to be
further detained for the purpose oflegal
proceedings or other lawful purpose;
s
3018s 30Motor Vehicles
Control Act 1975it may make such order as to the court seems
just in the circumstances, butif it is not so
satisfied it shall strike out the application and make such
orderas to costs as it thinks fit.(5)If an order for disposal is made under
subsection (4) such order shallbegiveneffectbutwherenosuchorderisdulymadeandthetimeforwhich a vehicle seized under this
section may be detained has expired thevehicle may,
subject to any order of a court made under section 30, be
dealtwith as follows—(a)if
the owner of the vehicle claims it within 30 days after suchexpiration—thesameshallbereturnedtotheownerorastheowner
directs;(b)iftheownerofthevehicledoesnotclaimitwithinthatperiod—the same shall be disposed of after
the giving of suchnotice to such persons or the publication of
such advertisementsof the intended disposal as is directed by
the Minister in the casereferredtoinsubparagraph(i)orbythelocalgovernmentconcerned in the
case referred to in subparagraph (ii), generally orin a
particular case, and where the vehicle is sold the proceeds
ofthe sale shall be disbursed—(i)iftheauthorisedofficerwhoseizedthevehiclewasauthorised so to do by reason of the officer
being a policeofficerortheofficer’sappointmentbythechiefexecutive—as is
directed by the Minister; or(ii)iftheauthorisedofficerwhoseizedthevehiclewasauthorised so to do by reason of the
officer’s appointmentbyalocalgovernment—asisdirectedbythelocalgovernment
concerned.˙Forfeiture by court30.(1)WhenapersonisconvictedofanoffenceagainstthisActthecourtthatconvictsthepersonmay,ifitthinksfit,orderthatthemotorvehicle by means
of which the offence was committed be thereby forfeited.(1A)Wheretheprosecutionconcernediscommencedbyapersonauthorised in
that behalf by a local government, the forfeiture shall be to
thelocal government and in all other cases the
forfeiture shall be to the Crown.
s
3119s 31Motor Vehicles
Control Act 1975(2)When an order for forfeiture is made
pursuant to subsection (1) aperson in whose
possession the motor vehicle is at the time of the makingof
the order or subsequently shall produce the vehicle—(a)to the chief executive, or as the
chief executive directs, where theforfeiture is to
the Crown; or(b)to the chief executive officer of the
local government, or as thechief executive
officer directs, where the forfeiture is to a localgovernment, within the time allowed therefor
by the order or, ifnosuchtimeisallowed,within1monthaftersuchpersonbecomes aware of the order.Maximum penalty—4 penalty units.(3)An order of forfeiture made under
subsection (1) shall be sufficientlawful authority
to any authorised officer acting on behalf of the Crown orthe
local government to whom forfeiture was ordered, as the case may
be,to seize and remove the motor vehicle to
which the order relates (if the sameis not already
held under section 29) and for that purpose to enter upon
andsearch any premises with such assistants,
equipment and implements as theofficer
requires.(4)A motor vehicle seized under the
authority of an order of forfeituremaybedisposedofandtheproceeds(ifany)ofthedisposalmaybedisbursed in like manner as is
prescribed by section 29(5) and the vehicleshall be detained
only until any appeal duly made against the conviction ororder
has been finally determined.˙Disqualification from holding or obtaining a
licence31.(1)WhenacourtconvictsapersonofanoffenceagainstthisActcommitted in relation to a motor vehicle it
may order that the person bethereby
disqualified from holding or obtaining a driver’s licence within
themeaning of theTraffic Act
1949or from driving a recreation vehicle in
apublic place for a period specified by the
court not exceeding 12 monthsfrom the making
of the order and upon the making of such an order theperson shall be disqualified
accordingly.(2)Subsection (1) does not apply in
respect of a person—(a)who is convicted
of an offence only by reason of being owner ofthe motor
vehicle concerned; or
s
3220s 33Motor Vehicles
Control Act 1975(b)whoisconvictedofanoffencethatisdeemedtohavebeencommitted by reason of section 33(3) and is
convicted by reasononly of that subsection.(3)When
an order is made under subsection (1) the clerk of the court
atthe place where the order is made shall
forthwith notify the chief executive.(4)A
person shall not drive a recreation vehicle in a public place
whilethe person is disqualified from so doing by
an order of a court.Maximum penalty—10 penalty
units.˙Offences against authorised
officers32.(1)A person shall
not—(a)assault, resist or obstruct an
authorised officer in the exercise ofpowers or in the
discharge of duties under or for the purposes ofthis
Act, or attempt so to do;(b)prevent or
attempt to prevent an authorised officer from making acopyoforanextractfromanylicence,permitordocumentproduced by the
person to an authorised officer;(c)use
any threat or abusive or insulting language to an authorisedofficer who is making an investigation or
enquiry concerning anymatter to which this Act
pertains.Maximum penalty—10 penalty units.(2)For the purposes of subsection (1) the
expression ‘authorised officer’includes a person
who, at the material time, is assisting an authorised
officerin the exercise of any power or the discharge
of any duty of that officerunder or for the
purposes of this Act.˙General offence
provision33.(1)A person who
contravenes or fails to comply with any provisionof
this Act commits an offence against this Act and, save where a
specificpenalty is otherwise prescribed, is liable to
a maximum penalty of 4 penaltyunits.(2)AprosecutionforanoffenceagainstthisActshallbebywayofsummary proceedings under theJustices Act 1886upon the
complaint of—
s
3421s 34Motor Vehicles
Control Act 1975(a)a person authorised in that behalf by
the chief executive or a localgovernment,
either generally or in a particular case; or(b)wherethedefendanthasbeenarrestedonachargeoftheoffence—a police
officer.(3)WhereabodycorporatecommitsanoffenceagainstthisActthemanagingdirector,managerorothergoverningofficerintheState(bywhatevernamecalled)ofthebusinessofthebodycorporateandeverymember of the
governing body of the body corporate at the time the offenceis
committed shall be deemed to have committed the offence, save
wherethe member shows that the member did not know
and had no reasonablemeans of knowing that the offence was
about to be committed and, save asaforesaid, may be
convicted and shall be liable therefor in addition to thebody
corporate.˙Evidentiary aids34.In
any proceeding for the purposes of this Act—(a)itisnotnecessarytoprovetheappointmentofanauthorisedofficer;(b)the averment in a charge of an offence
against this Act that theoffence was committed in a declared
area or in a public place isevidencethattheplaceofcommissionoftheoffenceisasaverred;(c)a
document purporting to be a copy of a driver’s licence
withinthe meaning of theTraffic Act
1949and to be certified as a truecopybythepersonordinarilyhavingcustodyofparticularsofsuch
a licence is evidence of that licence, and particulars set
outthereinofanyconviction,disqualification,suspensionorcancellationisinlikemannerevidenceofthematterstherebyparticularised;(d)a
certificate purporting to be that of a person charged with
thefunctionofregisteringmotorvehiclesundertheTransportInfrastructure
(Roads) Act 1991or another person authorised bythe
chief executive of the department within the meaning of theAct
or purporting to be that of a person or authority charged
withthe function of registering motor vehicles
under corresponding
s
3522s 35Motor Vehicles
Control Act 1975legislation of any other State or Territory
of the Commonwealthorofanypersonauthorisedinthatbehalfbysuchpersonorauthority which certificate states
that at or during a time specifiedtherein a motor
vehicle identified therein was registered in thename
of a person specified therein as evidence that the person sospecified was the owner of the motor vehicle
so identified at orduring the time so specified;(e)acertificatepurportingtobethatoftheprescribedregisteringauthority or of
any other person authorised in that behalf by thechief executive, which certificate states
that at or during a timespecified therein a motor vehicle
identified therein was registeredasarecreationvehicleunderandinaccordancewiththeregulations made pursuant to this Act
is evidence that the motorvehicle so identified was a recreation
vehicle at or during the timeso
specified;(f)acertificatepurportingtobethatoftheprescribedregisteringauthority which
certificate states that at or during a time specifiedthereinamotorvehicleidentifiedthereinwasregisteredasarecreationvehicleinthenameofapersonspecifiedthereinisevidence that the person so specified
was the owner of the motorvehicle so identified at or during the
time so specified;(g)a writing purporting to be signed by
the chief executive, any otherperson
authorised in that behalf by the chief executive, or by alocal government that authorises a person
named therein to lay acomplaint for an offence against this
Act (either generally or in aparticular case)
shall, upon its production in any proceeding, besufficientproofoftheauthorityofthecomplainanttolaythecomplaint.˙Function of local government to execute
Act35.(1)The control and
regulation (including the prohibition) of motorvehicles in
declared areas and public places in accordance with this Act,
andthe execution of powers and functions under
or for the purposes of this Actshall be a
function of local government.(2)A
local government may, in accordance with its power to make
locallaws, make local laws not inconsistent with
this Act—
s
3523s 35Motor Vehicles
Control Act 1975(a)with respect to the powers and
functions of authorised officersappointed by it
under section 5(3);(b)to provide for the obtaining of a
permit from a local governmenttouseamotorvehicleonlandunderthecontrolofthelocalgovernment
(other than a road) and to require payment of a feetherefor in such amount as the local
government fixes by locallaw;(c)to
give effect to the provisions of this Act or to achieve the
objectand purposes of this Act.(3)The powers conferred on local
governments by this section are inaddition to all
other powers conferred on local governments by or under anyother
Act or law.(4)For the purposes of this Act the area
of a local government shall betaken to include
the land lying between mean high water mark at springtides
of the main sea and mean low water mark at spring tides of the
mainsea adjacent to its area.(5)All
penalties and other moneys recovered by or on behalf of a
localgovernment in respect of offences against
this Act shall be paid into theoperating fund of
that local government.(6)Notwithstanding
any provision of this Act or any local law of a localgovernment the Minister, in any case where
the Minister is satisfied that apermit or other
authority issued by a local government for the purposes ofthis
Act should not have been issued, may by writing under the
Minister’shand given to the holder of the permit or
other authority revoke the permitor other
authority whereupon—(a)the permit or
other authority shall be of no force or effect fromthe
date of the Minister’s revocation; and(b)the
fees paid by the holder to the local government in respect
ofthe permit or other authority shall be
refunded to the holder by thelocal government
and if the refund is not made within 1 monthfrom the date of
the Minister’s revocation the person to whom thepermit or other authority had been issued
may recover the amountofsuchfeesoutstandingbyactioninacourtofcompetentjurisdiction as
for a debt due and owing to the person by the localgovernment.
s
3624s 38Motor Vehicles
Control Act 1975˙Duty of police officers36.(1)It is the duty
of every police officer to assist an authorised officer(whether or not the authorised officer is a
police officer) in the exercise ofpowers, and the
performance of duties under this Act.(2)A
police officer, while exercising a power or performing a duty
underthisActorwhileassistinganyauthorisedofficerasprescribedbysubsection (1) is acting in the course of the
police officer’s duty.˙Protection of
persons executing Act37.No act or
omission on the part of the Minister, the chief executive, alocalgovernment,anauthorisedofficeroranypersonactingundertheauthority of any of them done or made
in good faith and without negligencefor the purpose
of executing this Act or in the discharge of any power orduty
under this Act shall render the Crown or any of the aforesaid
personsliable in law in respect thereof.˙Power to make regulations38.(1)The Governor in
Council may make regulations for the purposesof the
Act.(2)Aregulationmaybemadewithrespecttoanyofthefollowingmatters—(a)the regulation of access to and within
declared areas and publicplaces;(b)the
regulation of the use of motor vehicles in declared areas
andpublic places;(c)the
regulation of the types of motor vehicles that may be usedwithin declared areas and public places; the
standards for suchmotor vehicles and for fittings and
accessories used in connectionwithsuchvehicles;thedressandequipmentofpersonsusingsuch
vehicles;(d)the registering authority referred to
in this Act; the regulation ofthe registration
and renewal of registration of recreation vehicleswith
the registering authority; the cancellation of the
registrationof recreation vehicles; applications to be
made therefor and the
s
3925s 39Motor Vehicles
Control Act 1975persons who shall be bound to comply with
such regulations;(e)thepowers,functionsanddutiesofauthorisedofficersforthepurposes of this
Act;(f)offences consisting in a contravention
of or failure to comply withany regulation;
penalties for such offences, not exceeding in anycase
2 penalty units;(g)thepaymentoffeesandothermoneysbyownersofmotorvehiclesorbyotherpersonsonaccountofanyregistrationsought,documentornumberplatetobeissued,righttobeconferred or thing done or to be done
under this Act;(h)the recovery of fees and other moneys
payable pursuant to thisAct;therecoveryofnumberplatesandthedestructionofregistration labels issued in respect of
recreation vehicles;(i)the mode and
onus of proof of matters required to be proved inanyproceedingtakenforthepurposesofthisAct;facilitatingsuch proof and
dispensing with proof of formal matters for thepurpose of any
such proceeding;(j)forms to be used for purposes of this
Act and the purposes forwhich forms are to be used.˙Existing orders in council39.An order in council in force under
section 6(c), 18 or 25 immediatelybefore the
commencement of this section continues to have effect after
thecommencement, and may be repealed or amended,
as if it were a regulation.
26Motor Vehicles Control Act 1975†ENDNOTES´1Index to EndnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
263List of legislation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 264List of annotations. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 275Table of changed
names and titles . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 296Table of obsolete
and redundant provisions . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 307Table of corrected minor errors . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 308Table of renumbered provisions. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
319Transitional and savings
provisions. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 31´2Date
to which amendments incorporatedThisisthereprintdatementionedintheReprintsAct1992,section5(c).Accordingly,thisreprintincludesallamendmentsthatcommencedoperationonorbefore21June1994.FutureamendmentsoftheMotorVehiclesControlAct1975may be made in
accordance with this reprint under the Reprints Act 1992, section
49.´3List of
legislationMotor Vehicles Control Act 1975 No. 39date
of assent 1 October 1975ss 1–2 commenced on date of
assentPt 7 commenced 1 November 1975 (proc pubd
Gaz 25 October 1975 p 736)remaining provisions commenced 1
January 1977 (proc pubd Gaz 3 September1976 p 52)as
amended by—Motor Vehicles Safety Act and Other Acts
Amendment Act 1985 No. 30 Pt 5date of assent 17
April 1985commenced 1 March 1986 (proc pubd Gaz 18
January 1986 p 126)Motor Vehicles Control Act Amendment Act 1988
No. 28date of assent 11 April 1988ss
1–2 commenced on date of assentremainingprovisionscommenced15August1988(procpubdGaz6August1988
p 3305)
27Motor Vehicles Control Act 1975Corrective Services (Consequential
Amendments) Act 1988 No. 88 s 3 Sch 1date of assent 1
December 1988commenced15December1988(sees2(2)andorderpubdGaz10December1988
p 1675)Public Service (Administrative Arrangements)
Act 1990 No. 73 s 3 Sch 5date of assent 10 October 1990commenced 24 November 1990 (proc pubd Gaz 24
November 1990 p 1450)Statute Law (Miscellaneous Provisions)
Act (No. 2) 1992 No. 68 s 3 Sch 1date of assent 7
December 1992commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1993 No. 32 s 3 Sch 1date of assent 3 June 1993commenced on date of assent´4List of
annotationsKey to abbreviations in list of
annotationsamdChcldefDivhdginsomprecpresprev(prev)provPtR1RArenumSdivsub===================amendedChapterclausedefinitionDivisionheadinginsertedomittedprecedingpresentpreviouspreviouslyprovisionPartReprint No. 1Reprints Act
1992renumberedSubdivisionsubstitutedProvisions not
included in reprint, or amended byamendments not
included in reprint, are underlinedArrangement of
Acts 3om R1 (see RA s 40)Meaning of termss 4def“Commissioner”om 1990 No. 73 s
3 Sch 5def“Director-General”ins 1990 No. 73 s
3 Sch 5om R1 (see RA s 39)def“Local Authority”om 1992 No. 68 s
3 Sch 1def“Minister”sub 1990 No. 73 s
3 Sch 5
28Motor Vehicles Control Act 1975om
1993 No. 32 s 3 Sch 1def“owner”amd
1993 No. 32 s 3 Sch 1def“police
force”om 1993 No. 32 s 3 Sch 1def“publicplace”amd
1988 No. 28 s 4; 1992 No. 68 s 3 Sch 1; 1993No. 32 s 3 Sch
1def“recreation vehicle”amd
1993 No. 32 s 3 Sch 1Authorised officerss 5amd
1990 No. 73 s 3 Sch 5; 1993 No. 32 s 3 Sch 1Application of
Part extendeds 6amd 1992 No. 68 s 3 Sch 1Conditions of Motor Vehicles Insurance
Acts 10amd 1993 No. 32 s 3 Sch 1Offences concerning recreation
vehicless 12amd 1993 No. 32 s 3 Sch 1Offences with recreation vehicles by persons
who cannot hold driving licencess 13amd
1993 No. 32 s 3 Sch 1Standards for use of business
vehicless 14amd 1985 No. 30 s 64; 1993 No. 32 s 3
Sch 1Duties of owner of vehicles
15amd 1985 No. 30 s 65; 1993 No. 32 s 3 Sch
1Liability of unlicensed drivers
16amd 1993 No. 32 s 3 Sch 1Declaration of areass 18amd
1992 No. 68 s 3 Sch 1Provisions affecting declared
areass 19amd 1992 No. 68 s 3 Sch 1Application of specified laws within declared
areass 20amd 1992 No. 68 s 3 Sch 1Offences in declared areass
22amd 1993 No. 32 s 3 Sch 1Dangerous drivings 23amd
1988 No. 88 s 3(1) Sch 1; 1993 No. 32 s 3 Sch 1Speed restriction
on drivers under 17 yearss 24amd 1993 No. 32 s
3 Sch 1Declarations in relation to public places and
exempt vehicless 25amd 1988 No. 28 s 5sub
1992 No. 68 s 3 Sch 1Authorised officers may take charge of
vehicless 29amd 1990 No. 73 s 3 Sch 5
29Motor Vehicles Control Act 1975Forfeiture by courts 30amd
1990 No. 73 s 3 Sch 5; 1993 No. 32 s 3 Sch 1Disqualification
from holding or obtaining a licences 31amd
1990 No. 73 s 3 Sch 5; 1993 No. 32 s 3 Sch 1Offences against
authorised officerss 32amd 1993 No. 32 s 3 Sch 1General offence provisions 33amd
1990 No. 73 s 3 Sch 5; 1993 No. 32 s 3 Sch 1Evidentiary
aidss 34amd 1990 No. 73 s 3 Sch 5; 1993 No. 32
s 3 Sch 1Duty of police officerss 36amd
1993 No. 32 s 3 Sch 1Protection of persons executing
Acts 37amd 1990 No. 73 s 3 Sch 5Power
to make regulationss 38amd 1992 No. 68 s 3 Sch 1; 1993 No. 32
s 3 Sch 1AMENDMENT OF MOTOR VEHICLES INSURANCE
ACTPt 7 hdgom 1992 No. 68 s
3 Sch 1Existing orders in councils
39prev s 39 om 1992 No. 68 s 3 Sch 1pres
s 39 ins 1992 No. 68 s 3 Sch 1Amendment of s
4Fs 40om 1992 No. 68 s 3 Sch 1´5Table of changed
names and titlesTABLE OF CHANGED NAMES AND TITLESunder
the Reprints Act 1992 ss 23 and 23AOldNewReference provisionby-law
(of a localauthority)clerk (of a
localauthority)Director-Generalgeneral
fundlocal authoritylocal lawchief
executive officer(of a localgovernment)chief
executiveoperating fundlocal
governments 755(1)(l) Local GovernmentAct
1993s 755(1)(k) Local GovernmentAct
1993s 29 Reprints Act 1992s 755(1)(m)
LocalGovernment Act 1993s 755(1)(a) Local
GovernmentAct 1993
30Motor Vehicles Control Act 1975member
of the policeforceordinance (of a localauthority)police
officerlocal laws 11.1(1)(c)
Police ServiceAdministration Act 1990 (seealso
s 1.4)s 755(1)(l) Local GovernmentAct
1993´6Table of
obsolete and redundant provisionsTABLE OF OBSOLETE
AND REDUNDANT PROVISIONSunder the Reprints Act 1992 s
39Omitted provisionProvision making
omittedprovision obsolete/redundantdefinitions to be read in contextdefinition “Director-General”references to certain provisions of an
Actreferences to Queensland implieds 32A
Acts InterpretationAct 1954definition “chief
executive”and ss 33(5B) and 24(8)(b)Acts
Interpretation Act 1954(see also Reprints Act 1992s 39,
example 2)s 35B Acts InterpretationAct
1954s 35 Acts Interpretation Act1954´7Table of corrected minor errorsSectionTABLE OF
CORRECTED MINOR ERRORSunder section 44 of the Reprints Act
1992Description15(2)20(1)omit ‘1(a) or
(b)’ ins ‘(1)(a) or (b)’after ‘Governor’ ins ‘in
Council’
