41BPower of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys

41B Power of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys

[Section 41B Inserted by No. 34 of 1981, s. 5 ][Section 41B Repealed by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

(1)  In this section –

adult means a person who has attained the age of 17 years;

Commissioner means the Commissioner of Police;

contravention includes a failure to comply;

[Section 41B Subsection (1) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] personal mobility device means a personal mobility device within the meaning of the Road Rules;

[Section 41B Subsection (1) amended by No. 40 of 2009, s. 6, Applied:30 Nov 2009]

wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules;

wheeled toy means a wheeled toy within the meaning of the Road Rules.

(2)  [Section 41B Subsection (2) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] A police officer who reasonably believes that a person apparently in charge of a personal mobility device, wheeled recreational device or wheeled toy is using it contrary to the Road Rules may, having regard to the circumstances of the contravention and any attendant danger to the person or the public, seize and detain the device or toy.

(3)  Subsection (2) has effect whether or not the police officer takes any other action regarding the contravention.

(4)  [Section 41B Subsection (4) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] The police officer, on seizing the personal mobility device, wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed.