Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 97

Powers to detain, immobilise and seize

    (1)     In order to detain, immobilise or seize a motor vehicle under this Part, a police member or the sheriff may—

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

        (b)     enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle;

        (c)     direct the driver, or any person in possession of the ignition or other keys to the motor vehicle, to give the keys to a police member or the sheriff;

        (d)     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 detain, immobilise or seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means;

        (e)     enter—

              (i)     any place that is occupied by the registered operator of the motor vehicle against whom an infringement warrant has been issued, whether or not with the consent of that person; or

              (ii)     any place other than a place referred to in sub-paragraph (i) if the consent of the owner or occupier of that place is given to the police member or the sheriff; or

              (iii)     any place which is a public place.

    (2)     Without limiting sub-section (1), a police member or the sheriff may do anything else reasonably necessary to detain, immobilise or seize a motor vehicle under this Part.



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