sec.775Powers for enforcing court order

### sec.775 Powers for enforcing court order This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle. For giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and— for an impounding order—search for and impound the motor vehicle; or for a forfeiture order—search for and take possession of the motor vehicle for the State. If an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose. For impounding or taking possession of a motor vehicle under an order of a court, a police officer may— stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or direct the person who has the key necessary to move the motor vehicle— to give the key to a police officer; or if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or do anything else reasonably necessary to impound or take possession of the motor vehicle. A police officer may exercise a power under subsection (4) (a) or (b) before or after a police officer seizes or takes possession of the motor vehicle. s 775 ins 2006 No. 26 s 79 (sec.775-ssec.1) This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle. (sec.775-ssec.2) For giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and— for an impounding order—search for and impound the motor vehicle; or for a forfeiture order—search for and take possession of the motor vehicle for the State. (sec.775-ssec.3) If an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose. (sec.775-ssec.4) For impounding or taking possession of a motor vehicle under an order of a court, a police officer may— stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or direct the person who has the key necessary to move the motor vehicle— to give the key to a police officer; or if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or do anything else reasonably necessary to impound or take possession of the motor vehicle. (sec.775-ssec.5) A police officer may exercise a power under subsection (4) (a) or (b) before or after a police officer seizes or takes possession of the motor vehicle. - (a) for an impounding order—search for and impound the motor vehicle; or - (b) for a forfeiture order—search for and take possession of the motor vehicle for the State. - (a) stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or - (b) require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or - (c) direct the person who has the key necessary to move the motor vehicle— (i) to give the key to a police officer; or (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or - (i) to give the key to a police officer; or - (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or - (d) if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or - (e) enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or - (f) do anything else reasonably necessary to impound or take possession of the motor vehicle. - (i) to give the key to a police officer; or - (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or