87MPower to seize and detain things

87M Power to seize and detain things

87M Power to seize and detain things

(1) A police officer may, in connection with a search under this Division—

(a) seize and detain, for a period of not more than 7 days, a vehicle, mobile phone or other thing if the seizure and detention of the vehicle, phone or thing will assist in preventing or controlling a public disorder, or

(b) seize and detain all or part of a thing (including a vehicle) that the officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a public disorder).

(2) The Local Court may, on the application of a police officer, authorise the continued detention of a vehicle, mobile phone or other thing under subsection (1)(a) for an additional period not exceeding 14 days if satisfied that its continued detention will assist in preventing or controlling a public disorder. More than one extension of the detention may be authorised under this subsection, so long as each extension does not exceed 14 days.

(3) A power conferred by this section to seize and detain a thing includes—

(a) a power to remove a thing from the place where it is found, and

(b) a power to guard the thing in or on the place where it is found.

(4) The regulations may provide for—

(a) the seizure, removal, detention and return of vehicles, mobile phones or other things referred to in subsection (1)(a), and

(b) the payment of fees for the seizure, removal, detention and return of vehicles, mobile phones or other things referred to in subsection (1)(a), and

(c) the persons responsible for the payment of the fees.

s 87M: Ins 2005 No 119, Sch 1 [1]. Am 2007 No 97, Sch 1.1 [2]; 2025 No 62, Sch 11[3].