Police Offences Act 1935
37ZDUnclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence
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37ZD Unclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence
(1) [Section 37ZD Subsection (1) amended by No. 45 of 2010, s. 6, Applied:21 Dec 2010] [Section 37ZD Subsection (1) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] [Section 37ZD Subsection (1) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] 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.
(2) [Section 37ZD Subsection (2) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] [Section 37ZD Subsection (2) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] 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.
(3) [Section 37ZD Subsection (3) substituted by No. 62 of 2009, s. 24, Applied:11 Dec 2009] 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.
(3A) [Section 37ZD Subsection (3A) inserted by No. 15 of 2014, s. 38, Applied:19 Dec 2014] 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.
(4) [Section 37ZD Subsection (4) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] [Section 37ZD Subsection (4) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] A person must not substantially alter, sell or otherwise dispose of a vehicle unclamped or returned under until the charge giving rise to the clamping or confiscation is determined.