10CPowers of police officers to seize and impound vehicles

10C Powers of police officers to seize and impound vehicles used in committing certain offences (1) A police officer may seize a motor vehicle if— (a) the police officer believes, on reasonable grounds, that the vehicle is being or has been used by a person in committing an offence against— (i) section 5A (Races, attempts on speed records, speed trials etc); or (ii) section 5B (Improper use of motor vehicle); or (iii) section 5C (Failing to stop motor vehicle for police); or (iv) section 7 (Furious, reckless or dangerous driving) that is an aggravated offence; or (b) the police officer believes on reasonable grounds that— (i) the vehicle is being, or has been, used by a person in committing an offence against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit); and (ii) the person, in committing the offence, exceeded the speed limit applying to the person by more than 45km/h; or (c) the vehicle is subject to impounding under section 10A (Impounding of vehicles used for menacing driving on court order before conviction etc); or (d) the vehicle is subject to impounding or forfeiture under section 10B (Impounding or forfeiture of vehicles on conviction etc for certain offences). (2) However, the police officer may only seize the motor vehicle under subsection (1) (a) within 30 days after the later of— (a) the commission of the offence; and

(b) if a surrender notice has been given to the responsible person for the vehicle under section 10BA and the person fails to comply with the notice—the date and time by which the motor vehicle was to be surrendered under the notice. (3) The police officer may seize the motor vehicle from— (a) a road or road related area or any other public place; or (b) any other place— (i) with the consent of the owner or occupier of the place; or (ii) under the authority of an order under section 10A (9) or section 10B (8) for the seizure of the vehicle. (4) If subsection (1) (a) (iii) applies, the police officer may seize the motor vehicle from a place other than a road or road related area or other public place without the consent of the owner or occupier of the place if the police officer believes on reasonable grounds that the motor vehicle is at the place, but in seizing the vehicle may not— (a) enter any building on the place, other than a garage, shed or other structure where the police officer believes on reasonable grounds that the motor vehicle is located; or (b) remain at the place for longer than is necessary to seize the vehicle or determine that the vehicle is not at the property. (5) For subsection (4) the police officer may use the force that is necessary and reasonable in the circumstances to— (a) enter a place or structure where the police officer believes on reasonable grounds the motor vehicle is located; and (b) seize the vehicle. (6) After seizing the motor vehicle, the police officer must move the vehicle to a place decided by the chief police officer.