Section 90A of the Police Powers and Responsibilities Act Queensland states:

(1)     This section applies in relation to a motor vehicle impounded under section 74 for a type 2 vehicle related offence if, at the time of the initiating impoundment, in addition to the initiating impoundment offence, the driver of the motor vehicle has previously been charged with having committed type 2 vehicle related offences on at least 3 previous occasions within the relevant period and any of the following circumstances apply to the driver-

(a) the charges of the type 2 vehicle related offences have not been decided before the initiating impoundment;

(b) the driver has been found guilty of at least 1 of the type 2 vehicle related offences but the other charge or charges have not been decided before the initiating impoundment;

(c) the driver has previously been found guilty of having committed the type 2 vehicle related offences on at least 3 previous occasions.

Notes-

For type 2 vehicle related offences, the offences do not have to be committed using the same vehicle. Also, because of section 70A, applications may only be made for type 2 vehicle related offences of the same kind, not a combination of different kinds of type 2 vehicle related offences.

(2)     Within 48 hours after charging the person with the initiating impoundment offence, a police officer must apply in the approved form for an order that the motor vehicle be forfeited to the State (forfeiture order).

(3)     The application must be made in relation to at least 4 type 2 vehicle related offences consisting of-

(a) the type 2 vehicle related offences the circumstances of which apply to the driver under subsection (1)(a), (b) or (c); and

(b) the initiating impoundment offence.

In order for the Police to obtain the order at Court, they must prove each of the following matters on the balance of probabilities:

The accused:

• (1) has been charged with one of the following:

• (a) Driving an uninsured and unregistered vehicle - s20 Motor Vehicle Accident Insurance Act and s10 the Transport Operations (Road Use Management - Vehicle Registration) Regulation respectively;
• (b) Unlicensed driving - s78(1) of the Transport Operations (Road Use Management) Act;
• (c) Driving under the influence of liquor (over high limit) - s79 of the Transport Operations (Road Use Management) Act; or
• (d) Failing to provide a specimen (to establish alcohol or drugs in system) - s80(5A) and s80(11) of the Transport Operations (Road Use Management) Act;
• (e) Driving whilst suspended due to failure to provide specimen (to establish alcohol or drugs in system)- s80(22D) of the Transport Operations (Road Use Management) Act; Or
• (f) Driving a vehicle on the road without first complying with a defect notice that has been issued ordering the vehicle to be inspected prior to driving - s 14 Transport Operations (Road Use Management - Vehicle Registration and Safety) Regulation; AND

• (2) Had their vehicle impounded for the initiating period of 48 hours as a result of that charged; AND
• (3) Has in the 3 years before the new charge for which their vehicle has now been impounded been:

• (a) charged with three other Type 2 offences as listed (a) to (f) above which is yet to be decided in the courts; OR
• (b) found guilty of three other Type 2 offences as listed (a) to (f) above; OR
• (c) charged with three other Type 2 offences as listed (a) to (f) above and has been found guilty of at least one of them with and with the remaining charge/s yet to be decided.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

If the Court grants this order, your vehicle will be forfeited to the State and will not be returned.

Once the vehicle is forfeited to the State, it may be sold and the owner will not receive any proceeds from the sale.

The application for an Impoundment Order will be heard in the Magistrates Court.

1. It is a defence to prove that the current offence occurred without the knowledge and consent of the owner of the vehicle.

2. While not exactly a defence, if the accused can show forfeiture would cause him or her severe financial or physical hardship, the Magistrate may impose an order of community service in the alternative to forfeiture.