South Australian Numbered Acts South Australian Numbered ActsAfter section 74B insert:
74BAA—Vehicle immobilisation devices
(1) If an
authorised police officer believes on reasonable grounds that—
(a)
—
(i)
the driver of a motor vehicle has disobeyed, or is likely
to disobey, a request or signal to stop given under this or any other Act; or
(ii)
the use of a vehicle immobilisation device would
significantly improve the prospects of apprehending a person—
(A) suspected of having committed a major
offence; or
(B) who has escaped from lawful detention;
and
(b) a
vehicle immobilisation device can be used without undue risk to occupants of
the vehicle or persons in the vicinity of the vehicle,
the officer may use a vehicle immobilisation device.
(2) The Governor may,
by regulation made on the recommendation of the Minister, declare a device of
a specified kind to be a vehicle immobilisation device.
(3) The Minister must
not recommend that a device be declared a vehicle immobilisation device unless
satisfied that—
(a) the
device has been adequately tested in the State or in conditions similar to
those found in the State; and
(b) the
device can, at an appropriate range of speeds, immobilise a target motor
vehicle without undue risk to occupants of the vehicle or persons in the
vicinity of the vehicle.
(4) In this
section—
"authorised police officer" means a police officer authorised by the
Commissioner for the purposes of this section;
"vehicle immobilisation device" means a device declared by regulation to be a
vehicle immobilisation device for the purposes of this section.