Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 492

    (1)     A power to use force against property under another section of this Chapter in the exercise or purported exercise of a function in relation to this jurisdiction cannot be exercised by an authorised officer (or a person assisting or otherwise acting under the direction or authority of the authorised officer) unless—

        (a)     the authorised officer is a police officer; or

        (b)     the exercise of the power to use force is authorised under the Application Act of this jurisdiction.

    (2)     Subsection (1)—

        (a)     has effect despite any other section of this Chapter in relation to the use of force against property, even if the other section is expressed as authorising the use of force for the purposes of the section; but

        (b)     does not affect any prohibition or restriction on a power to use force set out in the other section.

    (3)     Subsections (1) and (2) apply to a power to use force against property whether the power is express or implied.

    (4)     Despite subsections (1) to (3) and any other section of this Chapter, this Chapter does not preclude the inclusion of additional circumstances in the Application Act of this jurisdiction in which an authorised officer, whether or not a police officer, may use force against property in the exercise or purported exercise of a function under this Chapter in relation to this jurisdiction.