25Authorised officers may take possession of items

25 Authorised officers may take possession of items

25 Authorised officers may take possession of items

(1) An authorised officer may take possession of an item if the officer reasonably believes—

(a) the item is unattended, and

(b) the item—

(i) is obstructing access to or within a public place, or

(ii) poses a risk to persons, animals or the environment, or

(iii) is interfering with public amenity, or

(iv) has been in the same or substantially the same place for—

(A) the period prescribed by the regulations, or

(B) if no period is prescribed by the regulations—7 days or more, or

(v) is unattended in another circumstance prescribed by the regulations including, for example—

(A) the item is in a public place in contravention of a code of practice prescribed by the regulations that applies to items of that class, or

(B) the item does not comply with a standard prescribed by the regulations.

(2) If the unattended item referred to in subsection (1) is a motor vehicle, the authorised officer may, without or before taking possession of the vehicle, enter the vehicle for the purpose of identifying the responsible person for the vehicle.

(3) The regulations may provide for additional matters in relation to authorised officers taking possession of items, including—

(a) the matters to be considered by authorised officers in forming a reasonable belief items are unattended, including, for example, having regard to guidelines prescribed by the regulations, and

(b) other conditions that must be satisfied before authorised officers may take possession of items generally or a class of items, and

(c) matters about giving notices in relation to taking possession of items.