Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_25
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 41053–42434

25  Moving unattended road vehicle: to enable exercise of other powers
 (1) This section applies where an authorised officer:
 (a) believes on reasonable grounds that a vehicle to which this Division applies is unattended on a road; and
 (b) is seeking to exercise powers in respect of the vehicle for compliance purposes; and
 (c) believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers.
 (2) The officer may:
 (a) move the vehicle (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 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 its engine or other mechanical components, to enable the vehicle to be moved;
 (c) to enable the vehicle to be towed.
 (5) An authorised officer must not authorise a person to move a vehicle in accordance with this section unless the officer believes on reasonable grounds that the person is qualified and fit to do so.