AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 37VA

Content of notice for evasion offence

A notice of clamping or confiscation in respect of a vehicle clamped or confiscated under section 37QA is to state the following:
(a) the authorised period of clamping or confiscation;
(b) that each owner and registered operator of the vehicle is required to provide all such information that he or she has as to the whereabouts of the driver of the vehicle at the time of the offence in respect of which the car has been clamped or confiscated;
(c) that an application may be made to the Court under section 37QB for an order for the forfeiture of the vehicle if the driver of the vehicle is not identified;
(d) that the owner or registered operator of the vehicle may, at any time before an application under section 37QB is heard and determined in respect of the vehicle, make a submission that the vehicle should not be forfeited under that section;
(e) in the case of a clamping –
(i) 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) ;
(f) in the case of a confiscation –
(i) 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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