8Seizure and removal of things to remove or remedy interference or unlawful occupation

8 Seizure and removal of things to remove or remedy interference or unlawful occupation

8 Seizure and removal of things to remove or remedy interference or unlawful occupation

(1) A police officer may seize and remove from a public reserve to which this Act applies any tent, goods or other thing if the police officer believes on reasonable grounds that it is necessary or expedient for the purposes of removing or remedying any interference or unlawful occupation referred to in section 7 in relation to the reserve.

(2) A police officer may seize and remove things under this section with the aid of such assistants as the police officer considers necessary.

(3) A person must not, without reasonable excuse, obstruct a police officer (or a person assisting a police officer) in the exercise of the power to seize and remove things under this section.

Maximum penalty—20 penalty units.

(4) A thing that a police officer has seized and removed from a public reserve under this section—

(a) may be returned to the person from whom it was seized if it is lawful for the person to have possession of the thing, or

(b) may be disposed of in accordance with the directions of the Commissioner of Police, or

(c) may be delivered to the council of the area in which the reserve is situated.

(5) On being so delivered to the council, the thing is taken to be an article duly impounded by an impounding officer appointed by the council in accordance with the Public Spaces (Unattended Property) Act 2021.

s 8: Am 2023 No 7, Sch 2.48.