Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA)

South Australia Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

Contents 1 Short title 3 Interpretation 4 Forfeiture offences 5 Prescribed offences 6 Prescribed circumstances 7 Prescribed forms 8 Sale or disposal of motor vehicles 9 Service of notices Schedule 1—Prescribed forms Legislative history

1—Short title These regulations may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022. 3—Interpretation In these regulations— Act means the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007. 4—Forfeiture offences For the purposes of the definition of forfeiture offence in section 3(1) of the Act, indictable offences against Part 3 Division 6 of the Criminal Law Consolidation Act 1935 are prescribed. 5—Prescribed offences For the purposes of the definition of prescribed offence in section 3(1) of the Act, the following offences are prescribed: (a) an aggravated offence against section 45 of the Road Traffic Act 1961; (b) an offence against section 44B, 45A, 46, 47, 47B, 47BA, 47E(3), 47E(3a), 47EAA(9), 47EAA(9a) or 47I of the Road Traffic Act 1961; (c) an offence against section 17AA or 54 of the Summary Offences Act 1953; (d) an offence against section 9 of the Graffiti Control Act 2001; (e) an offence against section 85 of the Criminal Law Consolidation Act 1935 if the offence involves the marking of graffiti; (f) an offence against section 9 or 102 of the Motor Vehicles Act 1959 (other than a first offence against either of those sections); (g) an offence against section 74(2), 74(2a), 74(2ab), 74(2ac) or 91(5a) of the Motor Vehicles Act 1959. 6—Prescribed circumstances The following circumstances in which a motor vehicle is used by a person are prescribed for the purposes of sections 8(2)(a) and 11(c)(i) of the Act: (a) the motor vehicle is being used by the person (not being the owner of the motor vehicle) in accordance with a contractual arrangement with the owner of the motor vehicle, other than a contractual arrangement that confers on the person an express or implied right or option to purchase the motor vehicle; and (b) the owner of the motor vehicle is a person who carries on a business that consists of, or involves, hiring or otherwise supplying motor vehicles to others for business or personal use. Examples— A person visiting South Australia on holiday hires a car from a car hire company to use while in the State. While that person is driving the car in accordance with the hire contract, the car is being used in circumstances prescribed by this regulation. A taxi driver drives a taxi that is owned, not by the driver, but by the taxi company for whom the driver works. While the taxi driver is using the taxi in accordance with their employment contract, the taxi is being used in circumstances prescribed by this regulation. 7—Prescribed forms (1) For the purposes of section 14(1) of the Act, the notice set out in Schedule 1 Form 1 is prescribed. (2) For the purposes of section 14(2) of the Act, the notice set out in Schedule 1 Form 1 is prescribed. (3) For the purposes of section 15(1) of the Act— (a) if the relevant authority giving the notice is a police officer—the notice set out in Schedule 1 Form 1 is prescribed; or (b) if the relevant authority giving the notice is the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority—the notice set out in Schedule 1 Form 2 is prescribed. 8—Sale or disposal of motor vehicles For the purposes of exercising a power to sell a motor vehicle under section 20 of the Act, the Sheriff or the Commissioner may— (a) set a reserve price for the motor vehicle; and (b) move the motor vehicle to another location within the State. 9—Service of notices In accordance with section 23(1)(d) of the Act, a notice required or authorised to be given to, or served on, a person for the purposes of the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.