South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 74BAA

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.



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