Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 125

(1) The prescribed circumstances for section 124 are as follows—

(a) the person in control of a vehicle or load has been arrested;

(b) a police officer reasonably suspects the person who was last in control of a vehicle or load has abandoned it;

(c) a police officer—

(i) reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and

(ii) reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;

(d) a police officer reasonably suspects a vehicle or load has been left in circumstances that are an offence against any of the following Acts and the person in control of the vehicle or load can not be easily located or fails to comply with a direction of the police officer to move the vehicle or load immediately—

• the Road Use Management Act

• the Brisbane Forest Park Act 1977

• the Recreation Areas Management Act 2006

• the Nature Conservation Act 1992.

(2) Also, without limiting subsection (1) it is a prescribed circumstance for section 124 if—

(a) either—

(i) a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or

(ii) another thing that is not abandoned is placed or comes to rest on a road; or

(iii) without limiting subsection (1)(b), a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and

(b) a police officer—

(i) can not immediately find the person in control of the vehicle, load or other thing; or

(ii) can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and

(c) the police officer reasonably believes that it is necessary for the vehicle, load or other thing to be moved off the road for the safety or convenience of people using the road.

Example of inconvenience—

A vehicle is stopped on a median strip on a road but, due to the distraction caused by it, traffic is banking up.