Police Offences Act 1935

This section applies if – a notice of clamping or confiscation has been given under section 37U, 37V or 37VA in respect of a vehicle; and the authorised period of clamping or confiscation has expired.

In the case of a clamped vehicle, an authorised claimant may, subject to the requirements of the notice, unclamp the vehicle by – collecting a key to the clamping device from a police station during normal business hours; and by means of the key, releasing the clamp and removing it from the vehicle; and returning both the clamping device and the key to a police station during normal business hours within 4 days of collecting the key to the clamping device.

In the case of a confiscated vehicle, an authorised claimant may, subject to the payment of the costs payable under section 37X(1) and the other requirements of the notice, recover the vehicle by – attending at the relevant holding yard during normal business hours; and removing the vehicle from that holding yard.

If, in the case of a clamped vehicle, no person seeks to have the vehicle unclamped within 10 days after the end of the authorised period of clamping, a police officer may unclamp the vehicle and retrieve the clamping device.

For the purpose of subsection (4), the police officer may, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects the clamped vehicle may be located.

A person who collects a key to a clamping device as provided by subsection (2) is guilty of an offence if he or she – fails, without reasonable excuse, to return the key and the clamping device as provided by that subsection; or damages the key or causes or allows another person to damage the key; or except on the express instructions of a police officer of or above the rank of inspector, lends the key to another person. Fine not exceeding 40 penalty units.

A person must not, except on the express instructions of a police officer of or above the rank of inspector, copy or attempt to copy a key to a police clamping device. Fine not exceeding 40 penalty units.

In this section – authorised claimant, of a clamped or confiscated vehicle, means – the offending driver; or the owner or registered operator of the vehicle; or a person who has the written authority of the owner or registered operator of the vehicle; police clamping device means a clamping device used by the Police Service for the purposes of this Division.