Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts18. Section 202 of the Principal Act is amended by adding at the end the following subsections:
“(6) Where a motor vehicle has been taken to a place of safety under subsection (5), the member of the Police Force who has charge of the motor vehicle is not required to release it—
(a) to the person who has been arrested or taken into custody, as the case requires, unless satisfied on reasonable grounds that the person is capable of driving the vehicle without committing an offence against the Motor Traffic (Alcohol and Drugs) Act 1977 ; or
(b) to a person who appears to be authorised for the purpose by the person arrested or in custody, unless satisfied, on reasonable grounds, that the person who appears to have given the authority has understood the nature of the authority claimed to have been given.
“(7) A member of the Police Force who has charge of a motor vehicle that has been taken to a place of safety under subsection (5) is not liable, while the vehicle is in his or her charge, for—
(a) any damage caused to the vehicle unless the damage is caused by the member's negligence or deliberate action; or
(b) the loss of the vehicle due to its theft by another person unless the member has assisted in the commission of the theft.”.