(1)  This section applies if a police officer reasonably believes that a vehicle has been used in respect of section 11A of the Police Powers (Vehicle Interception) Act 2000 (referred to in this section as the evasion offence).

(2)  The vehicle used in connection with the evasion offence may be clamped or confiscated until the first of the following occurs:

(a) the driver of the vehicle at the time of the evasion offence is identified;

(b) an application made under section 37QB in respect of the vehicle has been determined;

(c) a period of 9 months has elapsed since the vehicle was clamped or confiscated under this section and an application has not been made under section 37QB in respect of the vehicle.

(3)  If the driver of the vehicle at the time of the evasion offence has not been identified and a period of 6 months has elapsed since the vehicle was clamped or confiscated under this section, a police officer may apply to the Court for the vehicle to be forfeited to the Crown in accordance with section 37QB .

(4)  Nothing in this section prevents the operation of this Part in respect of a person or a vehicle if –

(a) the person is the driver of the vehicle at the time of the evasion offence; and

(b) section 37O , 37P or 37Q applies in respect of the person and the evasion offence.

(5)  Subdivisions 3 and 5 do not apply in respect of a vehicle to which this section applies.