QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.125ARecovering moving and seizure expenses in particular circumstances
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### sec.125A Recovering moving and seizure expenses in particular circumstances
The commissioner may recover as a debt the moving expenses for a vehicle, load or other thing incurred by a police officer in exercising powers in the prescribed circumstances.
The moving expenses may be recovered from—
the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or
if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.
The moving expenses claimed under subsection (1) must be reasonable.
If moving expenses were incurred because of the paramount or high degree of importance given to moving the vehicle, load or other thing off a road quickly as mentioned in section 128B (2) (a) , a court must act on the basis that the expenses were reasonable.
s 125A ins 2008 No. 67 s 207
(sec.125A-ssec.1) The commissioner may recover as a debt the moving expenses for a vehicle, load or other thing incurred by a police officer in exercising powers in the prescribed circumstances.
(sec.125A-ssec.2) The moving expenses may be recovered from— the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.
(sec.125A-ssec.3) The moving expenses claimed under subsection (1) must be reasonable.
(sec.125A-ssec.4) If moving expenses were incurred because of the paramount or high degree of importance given to moving the vehicle, load or other thing off a road quickly as mentioned in section 128B (2) (a) , a court must act on the basis that the expenses were reasonable.
- (a) the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or
- (b) if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.