Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_33
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 33
Character Range: 76040–77421

33  Moving unattended vehicle or combination: to enable exercise of other powers
 (1) This section applies where an authorised officer or police officer:
 (a) believes on reasonable grounds that a vehicle or combination is unattended on a road; and
 (b) is seeking to exercise other powers under this Act; and
 (c) believes on reasonable grounds that the vehicle or combination should be moved to enable or to facilitate the exercise of those powers.
 (2) The officer may:
 (a) move the vehicle or combination (by driving or towing it or otherwise); or
 (b) authorise another person to move it (by driving or towing it or otherwise);
to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned.
 (3) The officer may enter the vehicle or combination, or authorise another person to enter it, for the purpose of moving the vehicle.
 (4) The officer or person authorised by the officer may use reasonable force to do any or all of the following:
 (a) to open unlocked doors and other unlocked panels and objects;
 (b) to gain access to the vehicle or combination, or its engine or other mechanical components, to enable the vehicle or combination to be moved;
 (c) to enable the vehicle or combination to be towed.
 (5) The officer or person authorised by the officer may drive the vehicle or combination only if qualified and fit to drive it.