Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA)

South Australia Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 An Act to provide certain powers to seize and deal with motor vehicles in connection with certain offences and alleged offences; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Powers under Act in addition to other penalties Part 2—Clamping and impounding of vehicles 4A Interpretation 5 Power to clamp or impound vehicle before proceedings finalised 6 Period of clamping or impoundment 7 Extension of clamping period 8 Early determination of clamping or impounding period 9 Removal of clamps or release of impounded vehicle and fees Part 3—Court orders for impounding or forfeiture 10 Interpretation 11 Application of Part 12 Court order for impounding or forfeiture on conviction of prescribed offence 13 Court may decline to make order in certain circumstances Part 4—Powers of relevant authorities 14 Commissioner may give notice prohibiting sale or disposal of vehicle 15 Relevant authority may require production of vehicle 16 Seizure 17 Warrants for seizure etc Part 5—Miscellaneous 18 Offences 19 Liability of the Crown 20 Disposal of vehicles 21 Credit provider may apply to Magistrates Court for relief 22 Evidentiary 23 Service of notices 24 Regulations and fee notices Schedule 1—Transitional provision Part 3—Transitional provision 3 Transitional provision Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007. 3—Interpretation (1) In this Act, unless the contrary intention appears— clamp, in relation to a motor vehicle, means immobilise the motor vehicle by means of wheel clamps (and clamped has a corresponding meaning); Commissioner means the Commissioner of Police; credit provider means— (a) a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth; or (b) a person who, in the course of business, hires out goods under leasing agreements or hires out or agrees to sell goods under hire-purchase agreements; designated liquor offence means an offence against section 21OB(1) or 21OC(1) of the Summary Offences Act 1953; forfeiture offence means an indictable offence of a kind prescribed by regulation for the purposes of this definition or a designated liquor offence; motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle; prescribed offence means a forfeiture offence or an offence of a kind prescribed by regulation for the purposes of this definition; public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property; registered owner of a motor vehicle means a person recorded in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth as an owner of the motor vehicle; relevant authority means— (a) in relation to the clamping or impounding of a motor vehicle under Part 2—a police officer or person authorised by the Commissioner to exercise the powers of a relevant authority; or (b) in relation to the impounding or forfeiture of a motor vehicle in accordance with an order under Part 3—the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority. (2) For the purposes of this Act, proceedings relating to an offence are finalised if— (a) the charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or (b) a court has determined the charge. 4—Powers under Act in addition to other penalties (1) A power exercisable under this Act is exercisable in addition to any other penalty that may be imposed on a person in relation to a prescribed offence. (2) However, a court must, in imposing another penalty on a person in relation to a prescribed offence, have regard to any exercise of powers under this Act.