What the law says
Section 91 of the Police Powers and Responsibilities Act Queensland states
(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).
What the police must prove
In order for the Police to obtain the order at Court, they must prove each of the following matters on the balance of probabilities:
(1) The accused as been charged with:
- (a) A motorbike noise direction offence; OR
- (b) A motorbike noise order offence; AND
(2) That an application cannot be made under s91 for forfeiture.
For more information the requirements for Police to forfeit you motorbike, click here.
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.
Which court will hear the matter
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.