Forfeiture of prohibited bikes
123P Forfeiture of prohibited bikes
This section applies if—
a police officer has seized a vehicle under section 123C; and
one of the following (each a forfeiture event) applies—
the release application period ends and no release application has been made for the vehicle within the period;
each release application for the vehicle has been refused and no application for internal review has been made within the review period;
each internal review decision has confirmed each original decision and no application for external review has been made under the QCAT Act within the period provided under that Act;
each application to QCAT for external review of an internal review decision has resulted in a decision to confirm the internal review decision, or has been withdrawn or struck out;
a person issued with a release notice fails to collect the vehicle the subject of the release notice within 30 days after the date of the notice.
The vehicle is forfeited to the State on the forfeiture event.
The commissioner must issue a notice (a forfeiture notice) for a vehicle forfeited under this section stating—
the name and address of the owner of the vehicle (if known); and
any available identifying particulars of the vehicle; and
the day, time and location the vehicle was seized; and
that the release application period and review period are complete; and
that the vehicle is forfeited to the State; and
that the commissioner is empowered to destroy or otherwise dispose of the vehicle.
If the forfeited vehicle was seized in the circumstance mentioned in section 123F(1)—
if a release application was made—the commissioner must ensure the forfeiture notice is given to the person who made the release application; or
if a release application was not made or a release application was made but the commissioner is not satisfied the applicant is an owner of the vehicle—the commissioner must ensure the forfeiture notice is given to the person who was riding or in possession of the vehicle.
If the forfeited vehicle was seized in the circumstance mentioned in section 123F(2)—
if a release application was made—the commissioner must ensure the forfeiture notice is given to the person who made the release application; or
if a release application was not made or a release application was made but the commissioner is not satisfied the applicant is an owner of the vehicle—the commissioner must publish the forfeiture notice on the police service website.
If the forfeited vehicle was seized in the circumstance mentioned in section 123F(3), the commissioner must ensure the forfeiture notice is given to the shared e-mobility provider.
This Act’s bill:Explanatory memorandum
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