Stopping motor vehicle
402 Stopping motor vehicle
This section applies if an authorised person reasonably suspects, or is aware, that—
a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act; or
there is a public health risk in or on the motor vehicle.
For the purpose of exercising the powers of an authorised person under this part, an authorised person may—
if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and
whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.
When asking or signalling the person in control of a moving motor vehicle to stop the motor vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act.
Examples—
1 If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.
2 If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.
Despite section 381, for the purpose of exercising a power under subsection (2)(a), the authorised person must—
have with him or her the authorised person’s identity card; and
produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.
The person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
It is a reasonable excuse for the person not to obey the request or signal if—
the authorised person has not complied with subsection (3); or
to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.
If the motor vehicle is stopped, the authorised person may direct the person—
not to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this part; or
to move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.
When giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.
The person must comply with the authorised person’s direction, unless the person has a reasonable excuse.
Maximum penalty for subsection (9)—50 penalty units.
This Act’s bill:Explanatory memorandum
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