Powers for enforcing court order
775 Powers for enforcing court order
This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle.
For giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and—
for an impounding order—search for and impound the motor vehicle; or
for a forfeiture order—search for and take possession of the motor vehicle for the State.
If an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2), power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose.
For impounding or taking possession of a motor vehicle under an order of a court, a police officer may—
stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or
require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or
direct the person who has the key necessary to move the motor vehicle—
to give the key to a police officer; or
if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or
if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or
enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or
do anything else reasonably necessary to impound or take possession of the motor vehicle.
A police officer may exercise a power under subsection (4)(a) or (b) before or after a police officer seizes or takes possession of the motor vehicle.
This Act’s bill:Explanatory memorandum
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