Summary Offences Act 1953

Subject to subsection (2), where a police officer arrests the driver of a motor vehicle, the officer may remove, or arrange for the removal of, the motor vehicle to a place at which it may be safely and conveniently stored.

A police officer may not remove, or arrange for the removal of, a motor vehicle under subsection (1) if—

the driver referred to in subsection (1) is being accompanied by another person who is lawfully entitled to drive the vehicle; and

the driver authorises that other person to remove the vehicle; and

the vehicle is removed within a reasonable period.

No liability attaches to a police officer in relation to any damage to a motor vehicle caused while the motor vehicle is being removed or stored under this section.

A liability that would, but for subsection (3), lie against a police officer lies against the Crown.

A police officer who removes, or arranges for the removal of, a motor vehicle under this section must notify the driver in writing of the place to which the vehicle has been removed.

A vehicle removed and stored under this section must be returned to a person entitled to possession of the vehicle upon payment of the reasonable costs of removal and storage calculated in accordance with a scale in force under subsection (7).

The

Commissioner may prepare and from time to time revise a scale of costs for the purposes of subsection (6).

If no application for the return of the vehicle is made within 2 months after it was taken into storage, it may be dealt with as unclaimed property under the Police

Act 1998.