Vehicle immobilisation devices
74BAA Vehicle immobilisation devices
If an authorised police officer believes on reasonable grounds that—
—
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
the use of a vehicle immobilisation device would significantly improve the prospects of apprehending a person—
suspected of having committed a major offence; or
who has escaped from lawful detention; and
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.
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.
The
Minister must not recommend that a device be declared a vehicle immobilisation device unless satisfied that—
the device has been adequately tested in the State or in conditions similar to those found in the State; and
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.
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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