Victorian Current Acts Victorian Current ActsS. 63B(1) substituted by No. 28/2009 s. 17, amended by Nos 37/2014 s. 10(Sch. item 147.22(a)), 68/2017 s. 74(2).
(1) The Chief Commissioner of Police may authorise the use by police officers of a vehicle immobilising device—
S. 63B(1)(a) amended by No. 2/2024 s. 15(1)(a).
(a) to prevent the use of the vehicle by a person for the purpose of escaping from lawful custody; or
S. 63B(1)(b) amended by Nos 37/2014 s. 10(Sch. item 147.22(a)), 49/2019 s. 114(a).
(b) to stop or assist in stopping a vehicle in connection with the pursuit of the vehicle by police officers; or
S. 63B(1)(ba) inserted by No. 2/2024 s. 15(1)(b).
(ba) to prevent the use of, or to stop or assist in stopping, a vehicle for the purpose of effecting an arrest; or
S. 63B(1)(c) inserted by No. 49/2019 s. 114(b).
(c) to stop or assist in stopping a vehicle from entering a place on or near a road or road related area at which—
(i) there is a public gathering; or
(ii) a non-road activity within the meaning of section 99B is being conducted.
S. 63B(1A) inserted by No. 2/2024 s. 15(2).
(1A) The Chief Commissioner of Police may authorise the use by police officers of a vehicle immobilising device for the purposes of subsection (1B).
S. 63B(1B) inserted by No. 2/2024 s. 15(2).
(1B) Subject to subsection (1C), a police officer authorised under subsection (1A) may use a vehicle immobilising device if—
(a) the use of the device is for the purposes of a section specified in subsection (1D) and the device is used in the circumstances specified in relation to that section; and
(b) the police officer suspects on reasonable grounds that a person, by driving or attempting to drive a motor vehicle, is likely to endanger or cause injury to themselves, a police officer or any other person.
S. 63B(1C) inserted by No. 2/2024 s. 15(2).
(1C) A police officer must take reasonable steps to notify a driver of a motor vehicle, unless it is impracticable in the circumstances, of—
(a) the placement or deployment of a vehicle immobilising device before it is used under subsection (1B); and
(b) the removal of the device after it has been used under subsection (1B).
S. 63B(1D) inserted by No. 2/2024 s. 15(2).
(1D) The following sections and circumstances are specified—
(a) section 13(1), (1A), (1C) or (2), 53, 54(3), 55, 55A, 55B, 55BA, 55D, 55E, 62 or 63—to ensure a driver of a motor vehicle stops when requested or signalled and the motor vehicle remains stationary while a police officer exercises a power under that section;
(b) section 59(1)(ab)—to ensure a driver of a motor vehicle stops when requested and the motor vehicle remains stationary while a police officer enforces a duty under section 59(1)(ab);
(c) section 64A(1)—to ensure a driver of a motor vehicle stops when directed and the motor vehicle remains stationary until a police officer indicates that the driver may proceed so as to prevent or stop the commission of an offence under section 64A(1);
(d) section 84F, 84G or 84GA—to prevent or stop a person from driving a motor vehicle at or from a place while a police officer exercises a power under that section.
S. 63B(2) amended by Nos 37/2014 s. 10(Sch. item 147.22(b)), 68/2017 s. 74(3).
(2) A provision made by or under this or any other Act that would operate to prohibit or restrict the placement or deployment on or near a road or road related area of a vehicle immobilising device does not apply to the placing or deploying of a vehicle immobilising device by a police officer acting in the exercise of his or her duties.
S. 63B(3) inserted by No. 68/2017 s. 74(4).
(3) In this section—
"vehicle immobilising device" means a device capable of causing a vehicle to stop or preventing a vehicle from moving and includes a device designed for, or capable of, deflating tyres.