South Australian Numbered Acts South Australian Numbered Acts8—Removal of clamps or release of impounded vehicle
(1) At the end of the
clamping or impounding period, the relevant authority—
(a) in
the case of a motor vehicle that has been clamped—must, as soon as is
reasonably practicable, remove the clamps from the motor vehicle; or
(b) in
the case of a motor vehicle that has been impounded—
(i)
on the application of an owner of the motor vehicle,
must, as soon as is reasonably practicable, release the motor vehicle into the
custody of the owner; and
(ii)
may, if satisfied that no owner of the motor vehicle is
reasonably able to collect the motor vehicle, release the motor vehicle into
the custody of a person authorised by the owner to collect the motor vehicle
or a person legally entitled to possession of the motor vehicle.
(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 clamping or impounding period will be taken to have ended.
(3) Nothing in this
section—
(a)
prevents the relevant authority from removing clamps from a motor vehicle or
releasing a motor vehicle before the end of the clamping or impounding period;
or
(b)
obliges the relevant authority to remove clamps from a motor vehicle or
release a motor vehicle outside of ordinary business hours.
(4) In this
section—
"clamping or impounding period", in relation to a motor vehicle, means the
period for which the motor vehicle is liable to remain clamped or impounded
under this Part;
"ordinary business hours" means the hours between 9 am and 5 pm on
any day other than a Saturday, Sunday or public holiday.