Unclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence
37ZD Unclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence
If a vehicle is clamped or confiscated by a police officer under this Division, the person in control of the vehicle at the time of the prescribed offence, a registered operator or an owner may apply to the Court to have the vehicle unclamped or for the return of the vehicle.
If the Court is satisfied that the clamping or confiscation of a vehicle is causing, or will cause, severe hardship to a person, the Court may order that the vehicle be unclamped or returned to the registered operator or owner.
The Court may impose such conditions on an order under subsection (2) as it considers appropriate in the circumstances including conditions on the subsequent use of the vehicle.
A person who fails or refuses to comply with a condition imposed under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding 20 penalty units.
A person must not substantially alter, sell or otherwise dispose of a vehicle unclamped or returned under subsection (2) until the charge giving rise to the clamping or confiscation is determined. Fine not exceeding 40 penalty units.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory notesSecond reading speech
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