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s 74BAA

Vehicle immobilisation devices

In force
Part 15Police powers of entry, search etc

74BAA Vehicle immobilisation devices

(1)

If an authorised police officer believes on reasonable grounds that—

(a)

(i)

the driver of a motor vehicle has disobeyed, or is likely to disobey, a request or signal to stop given under this or any other Act; or

(ii)

the use of a vehicle immobilisation device would significantly improve the prospects of apprehending a person—

(A)

suspected of having committed a major offence; or

(B)

who has escaped from lawful detention; and

(b)

a vehicle immobilisation device can be used without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle, the officer may use a vehicle immobilisation device.

(2)

The

Governor may, by regulation made on the recommendation of the

Minister, declare a device of a specified kind to be a vehicle immobilisation device.

(3)

The

Minister must not recommend that a device be declared a vehicle immobilisation device unless satisfied that—

(a)

the device has been adequately tested in the State or in conditions similar to those found in the State; and

(b)

the device can, at an appropriate range of speeds, immobilise a target motor vehicle without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle.

(4)

In this section—

authorised police officer means a police officer authorised by the Commissioner for the purposes of this section;

vehicle immobilisation device means a device declared by regulation to be a vehicle immobilisation device for the purposes of this section.

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