Direction to provide location of motor vehicle
84GB Direction to provide location of motor vehicle
S. 84GB(1) amended by No. 37/2014 s. 10(Sch. item 147.33(a)).
For the sole purpose of locating a motor vehicle to be seized under this Part, a police officer may direct a person to provide information concerning the location of that motor vehicle if—
the person is of or over the age of 18 years; and
S. 84GB(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.33).
both the person and the police officer are present at the garage address of the motor vehicle or at premises where the police officer reasonably believes that the motor vehicle is present (either at that time or from time to time).
A person of or over the age of 18 years must not—
knowing the location of the motor vehicle referred to in a direction under subsection (1), fail to comply with the direction; or
in purported compliance with a direction under subsection (1), give information that the person knows to be false or misleading in a material particular.
Penalty: 5 penalty units.
A person is not excused from complying with a direction given under subsection (1) on the ground that complying with the direction may result in information being provided that—
might incriminate the person; or
may make the person liable to a penalty.
Any information, document or other thing obtained as a direct or indirect consequence of a person complying with a direction given under subsection (1) is admissible in evidence against the person in—
a proceeding for making a false or misleading statement; or
any proceeding under this section—
but is not otherwise admissible in evidence against that person.
S. 84H inserted by No. 93/2005 s. 4.
This Act’s bill:Second reading speech
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