Immediate disposal in particular circumstances
128A Immediate disposal in particular circumstances
Despite any other provision of this part, a police officer exercising powers under part 1 may dispose of something other than a vehicle when and in the way the police officer considers appropriate if—
the police officer reasonably suspects the thing has been abandoned; or
the proceeds of any sale of the thing are unlikely to cover—
the moving expenses for the thing; and
the expenses likely to be incurred by the chief executive in selling the thing; or
it is otherwise impracticable to retain the removed thing.
Example—The police officer may immediately dispose of gravel spilled on a road by a passing truck by having it bulldozed off the side of the road.
In this section—something other than a vehicle—
includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter; and
does not include a vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.
This Act’s bill:Explanatory memorandum
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