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TASMANIA
__________
POLICE OFFENCES AMENDMENT (CLAMPING)
BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Consorting)
5. Section 37JA amended (Use of spotlights on vehicles on public
streets)
6. Part IVA, Division 2: Heading amended
7. Section 37K amended (Interpretation of Division)
8. Section 37MA inserted
37MA. Special compulsory penalty for prescribed offences
9. Part IVA, Division 2, Subdivision 2: Heading amended
10. Section 37N amended (Clamping and confiscation of vehicles)
11. Sections 37O, 37P and 37Q substituted
37O. Period of clamping or confiscation for first
prescribed offence
37P. Period of clamping or confiscation for second
prescribed offence
37Q. Period of clamping or confiscation for third or
subsequent prescribed offence
12. Section 37R amended (Transportation of vehicle to holding
yard)
[Bill 88]-II
13. Section 37S amended (Unlawful interference with, or removal
of, confiscated vehicle)
14. Section 37SA inserted
37SA. Unlawful interference with clamped vehicle, &c.
15. Section 37T amended (Notice of clamping or confiscation to be
given)
16. Section 37U substituted
37U. Content of notice for first offence
17. Section 37V amended (Content of notice for second or
subsequent offence)
18. Section 37W amended (Advice to registered operator of date of
hearing )
19. Section 37Y substituted
37Y. Application for forfeiture of vehicles
20. Section 37Z amended (Defence to show no knowledge and
consent)
21. Section 37ZA substituted
37ZA. Powers for enforcing forfeiture order
22. Part IVA, Division 2, Subdivision 4: Heading amended
23. Section 37ZC substituted
37ZC. Unclamping or recovery of vehicle clamped or
confiscated for prescribed offence
24. Section 37ZD amended (Unclamping or recovery of vehicle
clamped or confiscated for second or subsequent prescribed
offence)
25. Section 37ZE amended (Clamped or confiscated vehicle may be
unclamped or returned in certain circumstances)
26. Section 37ZF amended (Unclamping or return of vehicle in case
of severe hardship)
27. Section 37ZG substituted
37ZG. Return of vehicle if offending driver not convicted,
&c.
28. Part IVA, Division 2, Subdivision 5: Heading inserted
Subdivision 5 Disposal of vehicles, &c.
29. Section 37ZH amended (Disposal of confiscated vehicle)
30. Section 37ZJ amended (Voluntary transfer of ownership of
vehicle to Crown)
2
31. Section 37ZK amended (Clamped or confiscated vehicle not to
be sold or disposed of)
32. Part IVA, Division 2, Subdivision 6: Heading inserted
Subdivision 6 Miscellaneous
33. Section 37ZLA inserted
37ZLA. Power of Commissioner to authorise unclamping
34. Section 37ZM amended (Protection from liability)
35. Repeal of Act
3
4
POLICE OFFENCES AMENDMENT (CLAMPING)
BILL 2009
(Brought in by the Minister for Police and Emergency
Services, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Police Offences Act 1935
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Police Offences
Amendment (Clamping) Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Police Offences Act 1935* is
referred to as the Principal Act.
*No. 44 of 1935
[Bill 88] 5
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 4
4. Section 6 amended (Consorting)
Section 6(1) of the Principal Act is amended by
omitting "or known prostitutes or with persons
who have been convicted of having insufficient
lawful means of support".
5. Section 37JA amended (Use of spotlights on vehicles
on public streets)
Section 37JA(1)(a) of the Principal Act is
amended by omitting "the vehicle" second
occurring and substituting "a vehicle".
6. Part IVA, Division 2: Heading amended
Division 2 of Part IVA of the Principal Act is
amended by inserting in the heading to that
Division "and clamping" after "Confiscation".
7. Section 37K amended (Interpretation of Division)
Section 37K(1) of the Principal Act is amended
as follows:
(a) by inserting the following definitions
before the definition of "confiscated
vehicle":
"authorised period", of clamping or
confiscation, means the period for
which a vehicle may lawfully be
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Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 7
clamped or confiscated under this
Division;
"clamp", a vehicle, means immobilise
the vehicle by means of a
clamping device (and "clamped"
has a corresponding meaning);
"clamping device" means
(a) a wheel clamp, steering
wheel clamp or other
mechanical device for
rendering a vehicle
immobile; or
(b) an electronic device for
rendering a vehicle
immobile;
"clamped vehicle" means a vehicle
clamped under section 37N;
(b) by omitting the definition of "forfeiture
order" and substituting the following
definitions:
"forfeiture order" means an order,
under section 37Y, for the
forfeiture of a vehicle to the
Crown;
"key", to a clamping device, includes,
in the case of an electronic
clamping device, an electronic
key;
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Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 8
"notice", of clamping or confiscation,
means notice under section 37T;
"offending driver" see
section 37T(1)(a);
8. Section 37MA inserted
After section 37M of the Principal Act, the
following section is inserted in Subdivision 1:
37MA. Special compulsory penalty for prescribed
offences
(1) A court that convicts a person of a
prescribed offence must order the person
to pay a special compulsory penalty.
(2) The special compulsory penalty does not
displace the penalty specifically
prescribed elsewhere for the prescribed
offence.
(3) The order to pay a special compulsory
penalty is to be in addition to any other
sentencing order the court may make in
respect of the person for the prescribed
offence, and the court must not take the
person's liability to pay the special
compulsory penalty into account in
determining that other sentencing order.
(4) This section has effect notwithstanding
anything to the contrary in the
Sentencing Act 1997.
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Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 9
(5) In this section
"special compulsory penalty" means
a fine of exactly such amount as
the regulations prescribe for the
purposes of this section.
9. Part IVA, Division 2, Subdivision 2: Heading
amended
Subdivision 2 of Division 2 of Part IVA of the
Principal Act is amended by omitting
"Confiscation of vehicles" from the heading to
that Subdivision and substituting "Clamping and
confiscation of vehicles".
10. Section 37N amended (Clamping and confiscation
of vehicles)
Section 37N of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) A police officer who finds a
person committing a prescribed
offence involving a vehicle may
(a) clamp the vehicle; or
(b) confiscate the vehicle and
have it moved to a
holding yard and held in
9
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 10
accordance with this
Division.
(2) Where a police officer finds a
person committing a prescribed
offence involving a vehicle and
does not clamp or confiscate the
vehicle at the time ("time of
offence"), the vehicle may be
clamped or confiscated by a
police officer at any time during
the 14-day period immediately
following the time of offence.
(b) by inserting in subsection (3) "clamping
or" after "purpose of";
(c) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) give any other direction or take
any other action reasonably
necessary for clamping or
confiscating the vehicle.
(d) by inserting the following subsection
after subsection (3):
(3A) Without limiting
subsection (3)(d) 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
10
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 11
can be clamped at that time and
place as provided by
subsection (2).
(e) by omitting from subsection (5) "20" and
substituting "40";
(f) by omitting from subsection (6) "or
means" and substituting ", means and
assistance";
(g) by omitting from subsection (6) ", and
confiscate the vehicle and have it moved
to a holding yard and held in accordance
with this Division." and substituting
"and ";
(h) by inserting the following paragraphs
after subsection (6):
(a) clamp the vehicle; or
(b) confiscate the vehicle and have it
moved to a holding yard and held
in accordance with this Division.
11. Sections 37O, 37P and 37Q substituted
Sections 37O, 37P and 37Q of the Principal Act
are repealed and the following sections are
substituted:
37O. Period of clamping or confiscation for first
prescribed offence
(1) This section applies if
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Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 11
(a) a police officer finds a person
offending in respect of a
prescribed offence; and
(b) the person has not previously
been found offending in respect
of a prescribed offence by a
police officer.
(2) The vehicle used in connection with the
prescribed offence may be clamped or
confiscated for a period of
(a) 7 days if the prescribed offence is
an offence against section 14B or
15B; or
(b) 28 days in the case of any other
prescribed offence.
37P. Period of clamping or confiscation for
second prescribed offence
(1) This section applies if
(a) a police officer finds a person
offending in respect of a
prescribed offence (referred to in
this section as "the new
prescribed offence"); and
(b) the person has previously been
found offending in respect of a
prescribed offence by a police
officer on one occasion.
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s. 12
(2) The vehicle used in connection with the
new prescribed offence may be clamped
or confiscated for a period of 3 months.
37Q. Period of clamping or confiscation for third
or subsequent prescribed offence
(1) This section applies if
(a) a police officer finds a person
offending in respect of a
prescribed offence (referred to in
this section as "the new
prescribed offence"); and
(b) the person has previously been
found offending in respect of a
prescribed offence by a police
officer on 2 or more occasions.
(2) The vehicle used in connection with the
new prescribed offence may be clamped
or confiscated until the resolution of all
existing charges against the person for
those prescribed offences.
12. Section 37R amended (Transportation of vehicle to
holding yard)
The penalty under section 37R(2) of the
Principal Act is amended by omitting "20" and
substituting "40".
13
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 13
13. Section 37S amended (Unlawful interference with,
or removal of, confiscated vehicle)
Section 37S(4) of the Principal Act is amended
as follows:
(a) by inserting "and using such reasonable
force, means and assistance as is
necessary" after "warrant";
(b) by omitting "found" and substituting
"located".
14. Section 37SA inserted
After section 37S of the Principal Act, the
following section is inserted in Subdivision 2:
37SA. Unlawful interference with clamped vehicle,
&c.
(1) This section applies if a vehicle has been
clamped by a police officer under this
Division.
(2) A person must not unlawfully drive or
attempt to drive the clamped vehicle.
Penalty: Fine not exceeding 40 penalty
units.
(3) A person must not unlawfully
(a) interfere with the clamping
device; or
14
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 15
(b) paint or mark the clamping
device; or
(c) damage the clamping device; or
(d) destroy the clamping device; or
(e) release or attempt to release the
clamping device; or
(f) remove or attempt to remove the
clamping device from the vehicle.
Penalty: Fine not exceeding 40 penalty
units.
(4) If there is a contravention of
subsection (3), a police officer may seize
the vehicle and have it moved to a
holding yard.
(5) For the purposes of subsection (4), 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 the vehicle may be located.
15. Section 37T amended (Notice of clamping or
confiscation to be given)
Section 37T(1) of the Principal Act is amended
as follows:
(a) by inserting "clamped or" after "vehicle
is";
15
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 16
(b) by inserting "clamping or" after "its";
(c) by inserting in paragraph (a) `("the
offending driver")' after "offence".
16. Section 37U substituted
Section 37U of the Principal Act is repealed and
the following section is substituted:
37U. Content of notice for first offence
A notice of clamping or confiscation
where a person has committed, or has
been charged with committing, a first
prescribed offence is to include the
following:
(a) a statement that the vehicle is
clamped or confiscated for the
authorised period of clamping
and confiscation (which period
must be specified) and that it will
not be sooner unclamped or
released without the order of the
Court or the written authority of a
police officer of or above the rank
of inspector;
(b) directions as to how the clamped
or confiscated vehicle may be
unclamped or recovered;
(c) in the case of a clamping
16
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 16
(i) a statement that, before
the vehicle may be
unclamped, the person
seeking to have it
unclamped will be
required to produce to a
police officer satisfactory
evidence of identity; and
(ii) notice of the offences
(and penalties) under
section 37SA(2) and (3);
(d) in the case of a confiscation
(i) a statement that, before
the vehicle may be
recovered, the person
seeking to recover it will
be required to
(A) produce to the
person responsible
for the holding
yard satisfactory
evidence of
identity and, if
applicable, written
authority from the
owner or
registered operator
of the vehicle to
collect it; and
(B) pay the costs of
moving the
17
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 17
vehicle to, keeping
the vehicle in and
releasing the
vehicle from the
holding yard; and
(ii) notice of the offences
(and penalties) under
section 37S(1) and (2).
17. Section 37V amended (Content of notice for second
or subsequent offence)
Section 37V of the Principal Act is amended as
follows:
(a) by inserting "clamping or" after "A
notice of";
(b) by omitting paragraph (a) and
substituting the following paragraph:
(a) the authorised period of clamping
or confiscation;
(c) by omitting from paragraph (c) "person
in control of the vehicle at the time the
prescribed offence was committed" and
substituting "offending driver";
(d) by inserting in paragraph (c)
"unclamping or" after "for the";
(e) by omitting from paragraph (d) "of"
second occurring and substituting "as
to";
18
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 17
(f) by inserting in paragraph (e) "unclamped
or" after "is";
(g) by inserting in paragraph (e)
"unclamping or" after "its";
(h) by omitting paragraphs (f) and (g) and
substituting the following paragraphs:
(f) in the case of a clamping
(i) a statement that, before
the vehicle may be
unclamped, the person
seeking to have it
unclamped will be
required to produce to a
police officer satisfactory
evidence of identity; and
(ii) notice of the offences
(and penalties) under
section 37SA(2) and (3);
(g) in the case of a confiscation
(i) a statement that, before
the vehicle may be
recovered, the person
seeking to recover it will
be required to
(A) produce to the
person responsible
for the holding
yard satisfactory
evidence of
19
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 18
identity and, if
applicable, written
authority from the
owner or
registered operator
of the vehicle to
collect it; and
(B) pay the costs of
moving the
vehicle to, keeping
the vehicle in and
releasing the
vehicle from the
holding yard; and
(ii) notice of the offences
(and penalties) under
section 37S(1) and (2).
18. Section 37W amended (Advice to registered
operator of date of hearing )
Section 37W of the Principal Act is amended as
follows:
(a) by inserting "clamped or" after "order
for a";
(b) by omitting paragraph (a) and
substituting the following paragraph:
(a) the offending driver; and
20
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 19
19. Section 37Y substituted
Section 37Y of the Principal Act is repealed and
the following section is substituted:
37Y. Application for forfeiture of vehicles
(1) This section applies if
(a) a person ("offending driver")
has been found offending in
respect of a prescribed offence by
a police officer; and
(b) the vehicle used in connection
with the prescribed offence has
been clamped or confiscated
pursuant to section 37N and, by
virtue of the circumstances,
section 37Q applies to the
clamping or confiscation; and
(c) the offending driver has been
convicted of the prescribed
offence.
(2) A police officer may, on the date of the
conviction or at any time during the 14-
day period immediately following the
date of the conviction, apply to the Court
for a forfeiture order in respect of the
vehicle.
(3) The Court may, on the application, make
the forfeiture order if the court is
satisfied that the offending driver has
been convicted of a prescribed offence
21
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 19
on 3 or more occasions, inclusive of the
conviction referred to in
subsection (1)(c).
(4) If the Court makes the forfeiture order
(a) the vehicle becomes the property
of the Crown; and
(b) any right of a person to enforce a
charge or other security interest
registered under the Motor
Vehicles Securities Act 1984
against a person other than the
State by taking possession of the
vehicle is extinguished.
(5) The forfeiture order may be applied for
and made even though the value of the
vehicle may be more than the monetary
jurisdiction of the Court.
(6) At any time before the application for the
forfeiture order is heard and determined,
the offending driver or the owner or
registered operator of the vehicle (or any
of those persons jointly) may apply to the
Court for the unclamping or return of the
vehicle.
(7) The Court may, if satisfied on an
application under subsection (6) that the
clamping or confiscation of the vehicle is
causing severe hardship to a person,
order that the vehicle be unclamped or
returned to its owner or registered
22
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 20
operator until the application for the
forfeiture order is heard and determined.
(8) The Court may, on making an order
under subsection (7), impose such
conditions on the use of the vehicle as it
considers appropriate.
(9) If under subsection (7) the Court orders
the return or unclamping of the vehicle
(a) its owner must not sell or
otherwise dispose of it, or
substantially alter it, before the
application for the forfeiture
order has been determined or
withdrawn; and
(b) its registered operator must not
sell or otherwise dispose of it, or
substantially alter it, before the
application for the forfeiture
order has been determined or
withdrawn.
Penalty: Fine not exceeding 40 penalty
units.
20. Section 37Z amended (Defence to show no
knowledge and consent)
Section 37Z of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "clamped"
after "of a";
23
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 21
(b) by inserting in subsection (1) "relevant"
after "that the";
(c) by inserting in subsection (2)
"unclamped or, as the case may be," after
"be".
21. Section 37ZA substituted
Section 37ZA of the Principal Act is repealed
and the following section is substituted:
37ZA. Powers for enforcing forfeiture order
If the Court orders the unclamping or
return of a vehicle to its owner or
registered operator under section 37Y(7)
and later makes a forfeiture order in
respect of the vehicle, the Court may, in
the forfeiture order, authorise a police
officer, without warrant and using such
reasonable force, means and assistance as
is necessary, to enter any place where the
police officer reasonably believes the
vehicle may be located and, as the case
requires
(a) clamp the vehicle; or
(b) seize the vehicle and move it to a
holding yard.
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Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 22
22. Part IVA, Division 2, Subdivision 4: Heading
amended
Subdivision 4 of Division 2 of Part IVA of the
Principal Act is amended by omitting "Recovery
and return of vehicles" from the heading to that
Subdivision and substituting "Unclamping and
recovery, &c., of vehicles".
23. Section 37ZC substituted
Section 37ZC of the Principal Act is repealed
and the following section is substituted:
37ZC. Unclamping or recovery of vehicle clamped
or confiscated for prescribed offence
(1) This section applies if
(a) a notice of clamping or
confiscation has been given under
section 37U or 37V in respect of
a vehicle; and
(b) the authorised period of clamping
or confiscation has expired.
(2) In the case of a clamped vehicle, an
authorised claimant may, subject to the
requirements of the notice, unclamp the
vehicle by
(a) collecting a key to the clamping
device from a police station
during normal business hours;
and
25
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 23
(b) by means of the key, releasing the
clamp and removing it from the
vehicle; and
(c) returning both the clamping
device and the key to a police
station during normal business
hours within 4 days of collecting
the key to the clamping device.
(3) In the case of a confiscated vehicle, an
authorised claimant may, subject to the
payment of the costs payable under
section 37X(1) and the other
requirements of the notice, recover the
vehicle by
(a) attending at the relevant holding
yard during normal business
hours; and
(b) removing the vehicle from that
holding yard.
(4) If, in the case of a clamped vehicle, no
person seeks to have the vehicle
unclamped within 10 days after the end
of the authorised period of clamping, a
police officer may unclamp the vehicle
and retrieve the clamping device.
(5) For the purpose of subsection (4), the
police officer may, without warrant and
using such reasonable force, means and
assistance as is necessary, enter any place
where the police officer reasonably
26
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 23
suspects the clamped vehicle may be
located.
(6) A person who collects a key to a
clamping device as provided by
subsection (2) is guilty of an offence if
he or she
(a) fails, without reasonable excuse,
to return the key and the
clamping device as provided by
that subsection; or
(b) damages the key or causes or
allows another person to damage
the key; or
(c) except on the express instructions
of a police officer of or above the
rank of inspector, lends the key to
another person.
Penalty: Fine not exceeding 40 penalty
units.
(7) A person must not, except on the express
instructions of a police officer of or
above the rank of inspector, copy or
attempt to copy a key to a police
clamping device.
Penalty: Fine not exceeding 40 penalty
units.
(8) In this section
27
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 24
"authorised claimant", of a clamped
or confiscated vehicle, means
(a) the offending driver; or
(b) the owner or registered
operator of the vehicle; or
(c) a person who has the
written authority of the
owner or registered
operator of the vehicle;
"police clamping device" means a
clamping device used by the
Police Service for the purposes of
this Division.
24. Section 37ZD amended (Unclamping or recovery of
vehicle clamped or confiscated for second or
subsequent prescribed offence)
Section 37ZD of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "clamped
or" after "is";
(b) by inserting in subsection (1) "to have
the vehicle unclamped or" after "Court";
(c) by inserting in subsection (2) "clamping
or" after "satisfied that the";
(d) by inserting in subsection (2)
"unclamped or" after "be";
28
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 25
(e) by omitting subsection (3) and
substituting the following subsection:
(3) 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.
(f) by inserting in subsection (4)
"unclamped or" after "vehicle";
(g) by inserting in subsection (4) "clamping
or" after "to the".
25. Section 37ZE amended (Clamped or confiscated
vehicle may be unclamped or returned in certain
circumstances)
Section 37ZE of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "return
of a confiscated vehicle on payment of
the costs payable under section 37X(1)."
and substituting "unclamping of a
clamped vehicle or the immediate return
of a confiscated vehicle on payment of
the costs payable under section 37X(1),
as determined by that police officer.";
(b) by inserting in subsection (2) "clamped
or" after "a";
29
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 26
(c) by inserting in subsection (2)
"unclamped or" after "be".
26. Section 37ZF amended (Unclamping or return of
vehicle in case of severe hardship)
Section 37ZF of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)
"clamping," after "that the";
(b) by inserting in subsection (1)
"clamping," after "ordering the";
(c) by inserting in subsection (1)(a)
"unclamped or" after "be";
(d) by inserting in subsection (1)(a) "or to
the offending driver" after "owner";
(e) by inserting in subsection (2)
"unclamped or" after "be".
27. Section 37ZG substituted
Section 37ZG of the Principal Act is repealed
and the following section is substituted:
37ZG. Return of vehicle if offending driver not
convicted, &c.
(1) This section applies if
30
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 28
(a) under this Division, a vehicle is
clamped or confiscated by a
police officer consequent on
finding a person committing a
prescribed offence; and
(b) the person is not convicted of the
prescribed offence or proceedings
in respect of the prescribed
offence are for any reason not
instituted or are discontinued; and
(c) the vehicle is not the subject of
another clamping or confiscation
order, or a forfeiture order, under
this Division.
(2) The vehicle must be unclamped or
returned to its owner or registered
operator or to the offending driver as
soon as reasonably practicable during
normal business hours.
28. Part IVA, Division 2, Subdivision 5: Heading
inserted
Division 2 of Part IVA of the Principal Act is
amended by inserting the following heading after
section 37ZG:
31
Police Offences Amendment (Clamping) Act 2009
Act No. of
s. 29
Subdivision 5 Disposal of vehicles, &c.
29. Section 37ZH amended (Disposal of confiscated
vehicle)
Section 37ZH(1) of the Principal Act is amended
by omitting "a period" and substituting "the
authorised period".
30. Section 37ZJ amended (Voluntary transfer of
ownership of vehicle to Crown)
Section 37ZJ(1) of the Principal Act is amended
as follows:
(a) by inserting "clamped or" after "a";
(b) by omitting "period of confiscation" and
substituting "authorised period of
clamping or confiscation".
31. Section 37ZK amended (Clamped or confiscated
vehicle not to be sold or disposed of)
Section 37ZK of the Principal Act is amended as
follows:
(a) by inserting "clamped or" after "A";
(b) by omitting "period of" and substituting
"authorised period of clamping or".
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s. 32
32. Part IVA, Division 2, Subdivision 6: Heading
inserted
Division 2 of Part IVA of the Principal Act is
amended by inserting the following heading after
section 37ZL:
Subdivision 6 Miscellaneous
33. Section 37ZLA inserted
After section 37ZL of the Principal Act, the
following section is inserted in Subdivision 6:
37ZLA. Power of Commissioner to authorise
unclamping
(1) The Commissioner may give a police
officer or other person approval to
unclamp a vehicle (an "unclamping
approval")
(a) at the end of the authorised period
of clamping; or
(b) at any other time if the
Commissioner considers it
necessary or expedient to do so
under or for the purposes of this
Division.
(2) An unclamping approval may be given
subject to such technical, time, reporting
and other conditions as the
Commissioner thinks fit.
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(3) A police officer executing an unclamping
approval may, unless it expressly
provides otherwise, without warrant and
using such reasonable force, means and
assistance as is necessary, enter any place
where the police officer reasonably
suspects that the vehicle to be unclamped
may be located.
(4) The Commissioner's power under
subsection (1) is not capable of being
exercised inconsistently with a judicial
determination or an express provision of
this Division.
34. Section 37ZM amended (Protection from liability)
Section 37ZM of the Principal Act is amended
by omitting subsections (1) and (2) and
substituting the following subsections:
(1) A police officer acting in good faith is
not liable for any damage to, any
depreciation in the value of, any loss of
use of or any loss of a vehicle that may
result from its clamping or confiscation
under this Act.
(2) A liability that would, but for
subsection (1), attach to a police officer
attaches instead to the Crown.
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s. 35
35. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 35