84GSeizure of motor vehicle

84G Seizure of motor vehicle S. 84G(1) amended by Nos 76/2010 s. 7(1), 37/2014 s. 10(Sch. item 147.31). (1) For the purposes of impoundment, immobilisation or forfeiture of a motor vehicle under this Part, a police officer may seize the motor vehicle— (a) from a public place; or (b) from a place that is not a public place with the consent of the owner or occupier of that place; or S. 84G(1)(ba) inserted by No. 76/2010 s. 7(2). (ba) from a place that is not a public place without the consent of the owner or occupier of that place following a search of that place in accordance with section 84GA; or (c) from a place that is not a public place with a search and seizure warrant issued under Division 4. (2) The period within which a motor vehicle may be seized under subsection (1) is— (a) in the case of seizure from a public place or a place that is not a public place with the consent of the owner or occupier of that place— (i) 48 hours after the alleged commission of the relevant offence; or (ii) if a notice is served under section 84H(1), 10 days after the expiry of the period specified in that notice; or S. 84G(2)(b) amended by No. 76/2010 s. 7(3)(a). (b) in the case of seizure from a place that is not a public place under a search and seizure warrant issued under Division 4, the period specified in that warrant; or S. 84G(2)(c) inserted by No. 76/2010 s. 7(3)(b). (c) in the case of seizure following a search conducted in accordance with section 84GA— (i) if the motor vehicle is subject to an impoundment or immobilisation order or a forfeiture order, 10 days after the date on which the surrender of the vehicle was required by that order; or (ii) in any other case, the period referred to in paragraph (a). S. 84G(3) amended by No. 37/2014 s. 10(Sch. item 147.31). (3) In order to seize a motor vehicle a police officer may— (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; S. 84G(3)(b) amended by No. 76/2010 s. 7(4). (b) enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle or immobilising the motor vehicle (whether by use of a steering wheel lock or otherwise); S. 84G(3)(c) amended by No. 37/2014 s. 10(Sch. item 147.31). (c) direct the driver, or any person in possession of the ignition keys or other keys to the motor vehicle, to give the keys to a police officer or an authorised person; (d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means. S. 84GA inserted by No. 76/2010 s. 8. 84GA Search for motor vehicle S. 84GA(1) amended by No. 37/2014 s. 10(Sch. item 147.32(a)(i)). (1) Subject to subsection (3), for the purpose of seizing a motor vehicle under this Part, a police officer may, without consent and without warrant, enter and search— (a) the garage address for that motor vehicle; or S. 84GA(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.32(a)(ii)). (b) any land or premises, or any part of land or premises, where the police officer reasonably believes that the motor vehicle is present (either at that time or from time to time). S. 84GA(2) amended by No. 37/2014 s. 10(Sch. item 147.32(b)). (2) For the purpose of searching for, or gaining access to, a motor vehicle under this Part, a police officer may— (a) open unlocked doors, panels, objects or other things, or open unlocked places; and (b) move, but not take away, anything that is not locked or sealed. S. 84GA(3) amended by No. 37/2014 s. 10(Sch. item 147.32(c)(i)). (3) This section does not authorise a police officer who is searching for a motor vehicle under this Part— (a) to use force; or S. 84GA(3)(b) amended by No. 37/2014 s. 10(Sch. item 147.32(c)(ii)). (b) if the police officer is searching business premises, to enter those premises outside normal business hours; or (c) to enter any part of a building if that part is used for residential purposes; or (d) to enter any part of land or premises if the entrance to that part is locked; or (e) to open any locked door to any building on the land. S. 84GB inserted by No. 76/2010 s. 8. 84GB Direction to provide location of motor vehicle S. 84GB(1) amended by No. 37/2014 s. 10(Sch. item 147.33(a)). (1) For the sole purpose of locating a motor vehicle to be seized under this Part, a police officer may direct a person to provide information concerning the location of that motor vehicle if— (a) the person is of or over the age of 18 years; and S. 84GB(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.33). (b) both the person and the police officer are present at the garage address of the motor vehicle or at premises where the police officer reasonably believes that the motor vehicle is present (either at that time or from time to time). (2) A person of or over the age of 18 years must not— (a) knowing the location of the motor vehicle referred to in a direction under subsection (1), fail to comply with the direction; or (b) in purported compliance with a direction under subsection (1), give information that the person knows to be false or misleading in a material particular. (3) A person is not excused from complying with a direction given under subsection (1) on the ground that complying with the direction may result in information being provided that— (a) might incriminate the person; or (b) may make the person liable to a penalty. (4) Any information, document or other thing obtained as a direct or indirect consequence of a person complying with a direction given under subsection (1) is admissible in evidence against the person in— (a) a proceeding for making a false or misleading statement; or (b) any proceeding under this section— but is not otherwise admissible in evidence against that person. S. 84H inserted by No. 93/2005 s. 4.