Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 53

    (1)     This section applies if an authorised person—

        (a)     believes on reasonable grounds that a part 3.2 vehicle is unattended on a road or road related area; and

        (b)     is seeking to exercise a function in relation to the vehicle for compliance purposes; and

        (c)     believes on reasonable grounds that the vehicle should be moved to allow or facilitate the exercise of the function .

Note     For when a function is exercised for compliance purposes , see s 9.

    (2)     The authorised person may move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to allow or facilitate the exercise of the function.

    (3)     Also, the authorised person may authorise someone else (an authorised assistant ) to move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to allow or facilitate the exercise of the function .

    (4)     The authorised person or authorised assistant may enter the vehicle to move the vehicle.

    (5)     The authorised person or authorised assistant may use reasonable force to do 1 or more of the following:

        (a)     open unlocked doors and other unlocked panels and objects;

        (b)     gain access to the vehicle, or its engine or other mechanical components, to allow the vehicle to be moved;

        (c)     allow the vehicle to be towed.

    (6)     However, only a police officer may use force against a person.

    (7)     The authorised person or authorised assistant may drive the vehicle only if qualified and fit to drive the vehicle.