37NClamping and confiscation of vehicles

### 37N Clamping and confiscation of vehicles > > (1)  [*\[Section 37N Subsection (1) substituted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpa@EN) [*\[Section 37N Subsection (1) substituted by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpa@EN) A police officer who finds a person committing a prescribed offence involving a vehicle may – > > > > > > (a) clamp the vehicle; or > > > > > > > (b) [*\[Section 37N Subsection (1) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpa@EN) confiscate the vehicle and its keys and have it moved to a holding yard and held in accordance with this Division. > > > (2)  [*\[Section 37N Subsection (2) amended by No. 20 of 2017, s. 8, Applied:13 Sep 2017\]*](/view/html/inforce/2017-09-13/act-2017-020#GS8@Hpa@EN) [*\[Section 37N Subsection (2) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpc@EN) [*\[Section 37N Subsection (2) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpb@EN) [*\[Section 37N Subsection (2) amended by No. 50 of 2009, s. 9, Applied:25 Nov 2009\]*](/view/html/inforce/2009-11-25/act-2009-050#GS9@Hpa@EN) [*\[Section 37N Subsection (2) substituted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpa@EN) [*\[Section 37N Subsection (2) substituted by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpa@EN) Where a police officer finds a person committing a prescribed offence involving a vehicle and does not clamp or confiscate the vehicle and its keys at the time ("time of offence"), the vehicle may be clamped or confiscated and its keys confiscated by a police officer at any time during the 90-day period immediately following the time of offence. > > > (3)  [*\[Section 37N Subsection (3) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpb@EN) For the purpose of clamping or confiscating a vehicle, a police officer may – > > > > > > (a) direct the person in control of the vehicle to stop the vehicle and keep it stationary for as long as the officer reasonably requires; and > > > > > > > (b) direct the person in control of the vehicle, or in possession of the keys or any other thing necessary to enable the vehicle to be moved, to give the keys or other thing to the police officer; and > > > > > > > (c) enter the vehicle, with the use of reasonable force if necessary; and > > > > > > > (d) [*\[Section 37N Subsection (3) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpc@EN) [*\[Section 37N Subsection (3) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpd@EN) give any other direction or take any other action reasonably necessary for clamping or confiscating the vehicle and its keys. > > > (3A)  [*\[Section 37N Subsection (3A) inserted by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpd@EN) Without limiting [subsection (3)(d)](#GS37N@Gs3@Hpd@EN) in its application to clamping, a police officer may, under that subsection, direct the person in control of the vehicle to ensure that the vehicle is available at a specified time and place so that it can be clamped at that time and place as provided by [subsection (2)](#GS37N@Gs2@EN) . > > > (4)  A police officer is to move a confiscated vehicle, or arrange for it to be moved, to a holding yard in any way that the police officer considers appropriate. > > > (5)  [*\[Section 37N Subsection (5) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpe@EN) A person who contravenes or fails to comply with a direction given under [subsection (3)](#GS37N@Gs3@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 40 penalty units. > > > (6)  [*\[Section 37N Subsection (6) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpe@EN) [*\[Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpg@EN) [*\[Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hpf@EN) [*\[Section 37N Subsection (6) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) A 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 that a vehicle used in the commission of a prescribed offence may be located and – > > > > > > (a) [*\[Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hph@EN) clamp the vehicle; or > > > > > > > (b) [*\[Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS10@Hph@EN) [*\[Section 37N Subsection (6) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpf@EN) confiscate the vehicle and its keys and have it moved to a holding yard and held in accordance with this Division. > > > (7)  [*\[Section 37N Subsection (7) amended by No. 20 of 2017, s. 8, Applied:13 Sep 2017\]*](/view/html/inforce/2017-09-13/act-2017-020#GS8@Hpb@EN) [*\[Section 37N Subsection (7) amended by No. 50 of 2009, s. 9, Applied:25 Nov 2009\]*](/view/html/inforce/2009-11-25/act-2009-050#GS9@Hpb@EN) [*\[Section 37N Subsection (7) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) A police officer may only exercise the authority conferred by [subsection (6)](#GS37N@Gs6@EN) within 90 days after the commission of the prescribed offence. > > > (8)  [*\[Section 37N Subsection (8) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS29@Hpg@EN) [*\[Section 37N Subsection (8) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) The owner, registered operator or person having charge of a vehicle that has been found by a police officer to have been used in the commission of a prescribed offence must, on the demand of any police officer, take that vehicle and its keys to a place specified by the police officer. > > > (9)  [*\[Section 37N Subsection (9) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) Where a vehicle has been taken to a place specified by a police officer, it is to be held in accordance with this Division. > > > (10)  [*\[Section 37N Subsection (10) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) Where a vehicle has been taken to a place specified by a police officer that is not a holding yard, it may be taken to a holding yard and held in accordance with this Division. > > > (11)  [*\[Section 37N Subsection (11) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) Where any person is alleged to have committed a prescribed offence as the driver of any vehicle – > > > > > > (a) the owner or registered operator of the vehicle, on demand by any police officer, must give to the police officer all such information as the police officer may require as to the identity and whereabouts of the driver of the vehicle at any time relevant to the charge; and > > > > > > > (b) if any information so required is not known to the owner or registered operator, he or she must as soon as possible with all reasonable diligence (proof of which lies on that person) take steps to obtain the information, and must report to the police officer within 7 days, or sooner if practicable, the result of the steps so taken; and > > > > > > > (c) upon demand being made to any person by a police officer for any information within the person's knowledge as to the identity of the driver of the vehicle, or as to any fact which may lead to the identification of the driver, the person must give the information to the police officer. > > > (12)  [*\[Section 37N Subsection (12) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS9@Hpb@EN) If any person fails to comply with [subsection (8)](#GS37N@Gs8@EN) or any of the requirements of [subsection (11)](#GS37N@Gs11@EN) he or she is guilty of an offence. > > > > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.