Western Australian Current Acts Western Australian Current Acts (1) A police officer
and any person assisting a police officer in the exercise of a power under
section 79(1), 79A(1) or 80O(2) may drive, tow or otherwise convey a vehicle
impounded under that section —
(a) to
the place where the vehicle is to be stored; or
(b) at
the place where the vehicle is stored.
(2A) A police officer
may take possession of a vehicle for the purpose of impounding it under
section 79BB(2), 79BCB(2), 79BCE(2) or 80Q(2).
(2) A police officer
and any person assisting a police officer giving effect to the impounding of a
vehicle under section 79BB(2), 79BCB(2), 79BCE(2) or 80Q(2) or an impounding
or confiscation order may drive, tow or otherwise convey the vehicle concerned
—
(a) to
the place where the vehicle is to be stored; or
(b) at
the place where the vehicle is stored.
(3) A police officer
may seize the keys to a vehicle that is —
(a)
impounded under section 79(1), 79A(1) or 80O(2); or
(aa)
impounded, or to be impounded, under section 79BB(1) or (2), 79BCB(1) or (2),
79BCE(1) or (2) or 80Q(2); or
[(ba) deleted]
(b) the
subject of an impounding or confiscation order but which is not surrendered to
the Commissioner within the surrender period.
(4) If a police
officer reasonably suspects that the keys to a vehicle referred to in
subsection (3)(aa) or (b) are, or the vehicle is, in any premises, the police
officer may, without a warrant, at any time, enter the premises for either or
both of the following purposes —
(a)
seizing the keys;
(b)
driving, towing or otherwise conveying the vehicle to a place where the
vehicle is to be stored.
(5) A person may use
reasonable force to exercise a power given by this section.
(6) The powers that
may be exercised under this section are —
(a)
subject to the provisions of an impounding or confiscation order; and
(b) in
addition to the powers under any other road law in relation to the moving of
vehicles.
[Section 78C inserted: No. 10 of 2004 s. 13;
amended: No. 4 of 2007 s. 14; No. 24 of 2008 s. 23 and 24(1); No. 23 of 2009
s. 8; No. 20 of 2010 s. 4; No. 8 of 2012 s. 22, 37 and 38; No. 51 of 2016 s.
15.]
[Section 78C. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]