Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 75

75 Particular powers for impounding or immobilising motor vehicles

(1) To impound a motor vehicle under divisions 1 , 1A or part 2A , division 1 , or to immobilise a motor vehicle under division 1B , a police officer may—

(a) stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or

(b) require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or

(c) direct the person who has the key needed to move the motor vehicle—

(i) to give the key to a police officer; or

(ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or

(d) if it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or

(e) enter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or

(f) do anything else reasonably necessary for impounding or immobilising the motor vehicle.

(2) Also, when impounding or immobilising a motor vehicle that is not registered under a transport Act, a police officer may require the driver of the motor vehicle to state the name and address of the owner of the motor vehicle.

Note—

Failure to comply with a direction or requirement given or made under this section is an offence against section 791 .

(2A) After impounding a motor vehicle, a police officer may move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.

Example of ways of moving a motor vehicle after it is impounded—

driving, pushing, towing or transporting the motor vehicle

(3) Subsection (1) (a) and (b) is in addition to, and does not limit, section 60 or 61 .

(4) Also, the powers exercisable under subsection (1) (a) and (b) may be exercised before or after the motor vehicle is impounded or immobilised.