Police Powers (Vehicle Interception) Act 2000

Police Powers (Vehicle Interception) Act 2000

This Act may be cited as the Police Powers (Vehicle Interception) Act 2000.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

Commissioner means the Commissioner of Police;

driver means a person having control over the steering, movement or propulsion of a vehicle and includes a person riding a vehicle;

evidential material means a thing relevant to an offence, including such a thing in electronic form;

function includes a power, authority and duty;

oral fluid has the same meaning as in the Road Safety (Alcohol and Drugs) Act 1970;

owner, when used in reference to a vehicle, means – a person registered in the record of motor vehicles and trailers kept in accordance with section 41 of the Vehicle and Traffic Act 1999 as the owner of the vehicle; or a person who is a joint owner or part owner of the vehicle – and includes – a person who has the use of the vehicle under a lease or hire-purchase agreement; and a person to whom the vehicle has been sold or otherwise disposed of by a previous registered owner who has complied with the relevant provisions of the Vehicle and Traffic Act 1999; and a person whom a police officer reasonably believes is the owner of the vehicle;

public street has the same meaning as in the Traffic Act 1925;

regulations means regulations made and in force under this Act;

road-related area has the same meaning as in the Road Rules;

senior police officer means a commissioned police officer;

thing relevant to an offence means – anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence;

vehicle has the same meaning as in the Traffic Act 1925;

vehicle immobilising device means a device capable of causing a vehicle to stop or preventing a vehicle from moving and includes a device designed for, or capable of, deflating tyres.

The powers conferred by this Act are in addition to the powers that police officers have under any other Act or law.

A police officer may, with an authority granted under section 6, establish a roadblock or use a vehicle immobilising device on a public street, a road-related area or other area if the police officer reasonably believes that – establishing the roadblock or using the vehicle immobilising device would significantly improve the prospects of apprehending or locating a person in or on any vehicle who the officer reasonably believes – has committed an offence punishable upon indictment; or is or may be endangering the property, life or safety of another person; or it is necessary to establish the roadblock or use the vehicle immobilising device for the protection of life or property; or an offence has been, is being or is likely to be committed and that, for the purposes of performing his or her functions under this or any other Act, it is necessary to detain a vehicle, a driver or a passenger in or on a vehicle.

A roadblock may consist of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles.

A police officer must not establish a roadblock or use a vehicle immobilising device otherwise than in accordance with the authority of – a senior police officer; or if a senior police officer is not readily available, a police officer of the rank of sergeant authorised by the Commissioner for the purposes of this section.

An authority may be granted or renewed under this section orally or in writing.

If the authority is in writing, it must specify the following:the date on, and time at, which the authority is granted; the powers conferred by the authority; the offence or the risk to public safety in respect of which the authority is granted; the place or area at which the establishment of a roadblock or the use of a vehicle immobilising device is authorised; the vehicle or class of vehicles in respect of which the authority is granted; the period of the authority; the grounds on which the authority is granted or renewed.

If the authority is granted orally, the senior police officer or sergeant must make a record of the matters referred to in subsection (3) as soon as is reasonably practicable after granting the authority.

At, or in the vicinity of, a roadblock, a police officer may – stop any vehicle and detain it for the time reasonably necessary to search it for evidential material relevant to a matter referred to in section 5(1); and enter a vehicle, using reasonable force if necessary, for the purpose of searching it; and for the purpose of performing his or her functions under this or any other Act, detain the driver, a passenger in or on the vehicle or any person who has disembarked from the vehicle.

The driver of a vehicle must stop the vehicle at a roadblock when requested or signalled to do so. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.

The driver of a vehicle must not, without reasonable excuse, avoid a roadblock. Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.

A police officer may request any person in or on a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose – his or her name and address; and the name and address of any other person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed; and the name and address of the owner of the vehicle.

A police officer may request the owner of a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose the name and address of any person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed.

A police officer may make a request under this section only if, before making the request, the police officer – provides evidence to the person that he or she is a police officer, unless he or she is in uniform; and provides his or her name and place of duty; and informs the person of the reason for the request; and warns the person that failure to comply with the request may be an offence.

A person must disclose his or her name and address when so requested by a police officer under section 8. Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

A person who is requested by a police officer under section 8 to disclose the name and address of any other person must – disclose that name and address; or if the person does not know that name and address, disclose such information about the other person's identity (such as any alias used by the other person or the general location of his or her residential address) as is known to the first-mentioned person. Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

A person must not in response to a request made by a police officer in accordance with section 8 give a name or address knowing it to be false in a material particular.

Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

A police officer may perform the same functions in respect of a vehicle stopped, or prevented from moving, by a vehicle immobilising device, or any person who is or was in or on that vehicle, as he or she may perform in respect of a vehicle stopped at a roadblock, or any person in or on such a vehicle.