Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 775

775 Powers for enforcing court order

(1) This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle.

(2) For giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and—

(a) for an impounding order—search for and impound the motor vehicle; or

(b) for a forfeiture order—search for and take possession of the motor vehicle for the State.

(3) If an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose.

(4) For impounding or taking possession of a motor vehicle under an order of a court, 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 necessary 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 give the key to a police officer; or

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

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

(f) do anything else reasonably necessary to impound or take possession of the motor vehicle.

(5) A police officer may exercise a power under subsection (4) (a) or (b) before or after a police officer seizes or takes possession of the motor vehicle.