Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 37V

Content of notice for second or subsequent offence
A notice of clamping or confiscation where a person has committed, or been charged with committing, a second or subsequent prescribed offence is to state the following:
(a) the authorised period of clamping or confiscation;
(b) that an application may be made to the Court by a police officer for the forfeiture of the vehicle;
(c) that the offending driver or the registered operator or owner may apply to the Court, at any time before the application is heard and determined, for the unclamping or return of the vehicle until the application is heard and determined;
(d) that, in support of an application under paragraph (c) , the registered operator or owner may be required to produce satisfactory evidence as to the ownership of the vehicle;
(e) that, if the vehicle is unclamped or returned under paragraph (c) , the Court may impose conditions on its unclamping or return;
(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 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) .



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