CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 8
CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 8
8—Early determination of clamping or impounding period
(2) If, in relation to
a motor vehicle clamped or impounded under this Part, the Commissioner is
satisfied that—
(a) in
the case of a motor vehicle referred to in section 5(1)(c)—the
motor vehicle was, at the time of the offence, stolen or otherwise unlawfully
in the possession of the person or was being used by the person in
circumstances prescribed by regulation; or
(b) in
any case—grounds did not exist under section 5 to clamp or impound
the motor vehicle,
the Commissioner must determine that the clamping or impounding period will be
taken to have ended.
(2a) If, in relation
to a motor vehicle clamped or impounded under this Part, the Commissioner is
satisfied that—
(a) the
offence occurred without the knowledge or consent of any person who was an
owner of the motor vehicle at the time of the offence; or
(b)
continued clamping or impounding of the motor vehicle would cause severe
financial or physical hardship to a person other than the alleged offender or
a person who was knowingly involved in, or who aided or abetted, the
commission of the offence; or
(c)
other grounds exist that warrant bringing the clamping or impounding period to
an end,
the Commissioner may determine that the clamping or impounding period will be
taken to have ended.
(2b) The Commissioner
may make a determination under subsection (2) or (2a) on the
Commissioner's own initiative or on application and, if an application for a
determination is made, the Commissioner must determine the application as soon
as is reasonably practicable.
(2c) However, an
application may not be made under subsection (2a) by or on behalf of the
alleged offender.
(2d) If the
Commissioner has not determined an application made under this section within
8 days after it is received, the Commissioner is to be taken to have
refused the application.