Western Australian Current Acts Western Australian Current Acts (1) In this section
—
vehicle means any thing capable of transporting
people or things by air, road, rail or water, and it does not matter how the
thing is moved or propelled.
(2) If a member of the
Police Force reasonably suspects that a vehicle in this State is being or may
be used for a journey to a place outside this State for the purpose of doing
or attempting to do an act that, if it were done in this State, would be an
element of an offence, he —
(a) may
stop, detain, enter and search the vehicle;
(b) may
search any person on board; and
(c)
while he reasonably suspects that the journey may be commenced or continued
for that purpose —
(i)
may take charge of the vehicle and detain it at any place
he thinks fit; or
(ii)
may take any reasonably necessary action to prevent the
vehicle from commencing or continuing its journey.
(3) Sections 18 and 19
of the Criminal Investigation Act 2006 , with any necessary changes, apply to
and in respect of the power in subsection (2)(a) to stop a vehicle.
(4) A member of the
Police Force who has detained a vehicle under subsection (2)(c), or a person
aggrieved by any action of such a member under subsection (2)(c), may apply to
the Magistrates Court for an order under subsection (5).
(5) On such an
application, the Magistrates Court may do any or all of the following —
(a)
order that the vehicle be released —
(i)
unconditionally; or
(ii)
on conditions imposed by the court;
(b)
order that the vehicle be detained for a period set by the court or until the
court makes a further order;
(c) make
an order as to the payment of expenses incurred or to be incurred by the
Police Force in relation to the stopping, detaining or safe keeping of the
vehicle;
(d) make
an order as to the costs of the application.
(6) An order made
under subsection (5)(a)(ii) may —
(a)
impose conditions that not only relate to the release of the vehicle but also
to the use that may be made of the vehicle during a period set by the court
and specified in the order;
(b)
require a person to enter into an undertaking, with or without sureties, to
comply with the order.
(7) The amount of any
expenses or costs ordered to be paid under subsection (5) may be recovered as
a judgment debt in a court of competent jurisdiction from the person ordered
to pay them.
(8) For the purposes
of subsection (7) a registrar of the Magistrates Court may issue a certified
copy of the order and that order may be registered in a court of competent
jurisdiction.
[Section 8 inserted: No. 59 of 2006 s. 34.]
[Heading inserted: No. 59 of 2006 s. 34.]