Road Safety Act 1986

For the purposes of impoundment, immobilisation or forfeiture of a motor vehicle under this Part, a police officer may seize the motor vehicle—

from a public place; or

from a place that is not a public place with the consent of the owner or occupier of that place; or

from a place that is not a public place without the consent of the owner or occupier of that place following a search of that place in accordance with section 84GA; or

from a place that is not a public place with a search and seizure warrant issued under Division 4.

The period within which a motor vehicle may be seized under subsection (1) is—

in the case of seizure from a public place or a place that is not a public place with the consent of the owner or occupier of that place—

48 hours after the alleged commission of the relevant offence; or

if a notice is served under section 84H(1), 10 days after the expiry of the period specified in that notice; or

in the case of seizure from a place that is not a public place under a search and seizure warrant issued under Division 4, the period specified in that warrant; or

in the case of seizure following a search conducted in accordance with section 84GA—

if the motor vehicle is subject to an impoundment or immobilisation order or a forfeiture order, 10 days after the date on which the surrender of the vehicle was required by that order; or

in any other case, the period referred to in paragraph (a).

In order to seize a motor vehicle a police officer may—

require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped;

enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle or immobilising the motor vehicle (whether by use of a steering wheel lock or otherwise);

direct the driver, or any person in possession of the ignition keys or other keys to the motor vehicle, to give the keys to a police officer or an authorised person;

if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means.