Police Offences Act 1935
37ZDefence to show no knowledge and consent
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37Z Defence to show no knowledge and consent
(1) [Section 37Z Subsection (1) amended by No. 15 of 2014, s. 36, Applied:19 Dec 2014] [Section 37Z Subsection (1) amended by No. 62 of 2009, s. 20, Applied:11 Dec 2009] [Section 37Z Subsection (1) amended by No. 62 of 2009, s. 20, Applied:11 Dec 2009] In a proceeding for forfeiture of a clamped or confiscated vehicle, it is a defence for the registered operator or owner of the vehicle to show that the relevant prescribed offence happened without his or her knowledge and consent.
(2) [Section 37Z Subsection (2) amended by No. 62 of 2009, s. 20, Applied:11 Dec 2009] If a Court is satisfied that the defence referred to in subsection (1) is established, the Court is to order that the vehicle be unclamped or, as the case may be, returned to the registered operator or owner on payment of the costs payable under section 37X(1) .