Power to enter abandoned vehicle
24O Power to enter abandoned vehicle
This section applies if an authorised person has reasonable grounds for believing that a vehicle has been abandoned at a public place.
Examples—reasonable grounds
1 burnt out wreck
2 deteriorating body or broken windows
3 missing number plates
Litter is defined to include an abandoned vehicle (see s 7).
The authorised person may enter the vehicle, to identify the vehicle or responsible person for the vehicle, only if the vehicle or responsible person cannot be identified without entering the vehicle.
If the vehicle is entered, the authorised person—
may take only the steps reasonably necessary to obtain the information needed to identify the vehicle or responsible person for the vehicle (the identification information); and
must not examine anything else in the vehicle that is not relevant for obtaining the identification information; and
must not remove anything from the vehicle other than the following:
perishable items;
items that could cause harm to a person or animal if left in the vehicle;
items that may damage the vehicle if left in the vehicle.
Examples—removable items
1 foods that if spoiled, may soil or cause an offensive smell to permeate the vehicle
2 chemicals or explosives
The authorised person must not disclose any information, other than the identification information for the purposes of this Act, obtained by the authorised person because of the exercise of the authorised person’s functions under subsection (3).
This Act’s bill:Explanatory statementSecond reading speech
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