(1)  In a proceeding for forfeiture of a clamped or confiscated vehicle, it is a defence for the registered operator or owner of the vehicle to show that the relevant prescribed offence happened without his or her knowledge and consent.

(2)  If a Court is satisfied that the defence referred to in subsection (1) is established, the Court is to order that the vehicle be unclamped or, as the case may be, returned to the registered operator or owner on payment of the costs payable under section 37X(1) .