sec.53AASeizure and disposal of dangerous attachment devices

### sec.53AA Seizure and disposal of dangerous attachment devices This section applies if a police officer— finds a dangerous attachment device; and reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity. For subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. The police officer may do 1 or both of the following— deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary; seize all or parts of the dangerous attachment device. If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it. To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts. In this section— deactivate , a dangerous attachment device, includes to make the device safe or unusable. transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . s 53AA ins 2019 No. 35 s 5 (sec.53AA-ssec.1) This section applies if a police officer— finds a dangerous attachment device; and reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity. (sec.53AA-ssec.2) For subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. (sec.53AA-ssec.3) The police officer may do 1 or both of the following— deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary; seize all or parts of the dangerous attachment device. (sec.53AA-ssec.4) If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it. (sec.53AA-ssec.5) To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts. (sec.53AA-ssec.6) In this section— deactivate , a dangerous attachment device, includes to make the device safe or unusable. transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . - (a) finds a dangerous attachment device; and - (b) reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity. - (a) unreasonably interferes with the ordinary operation of transport infrastructure; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock - (b) stops a person from entering or leaving a place of business; or - (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. - (a) deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary; - (b) seize all or parts of the dangerous attachment device.