South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Clamping, Impounding and Forfeiture of
Vehicles) (Miscellaneous) Amendment Bill 2009
A BILL FOR
An Act to amend the Criminal Law (Clamping, Impounding and Forfeiture of
Vehicles) Act 2007.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law (Clamping,
Impounding and Forfeiture of Vehicles) Act 2007
4 Amendment
of section 3—Interpretation
5 Amendment of section 5—Power
to clamp or impound vehicle before proceedings finalised
6 Amendment of
section 6—Period of clamping or impoundment
7 Amendment of section
7—Extension of clamping period
8 Amendment of section 8—Removal
of clamps or release of impounded vehicle
9 Amendment of section
11—Application of Part
10 Amendment of section 12—Court order for
impounding or forfeiture on conviction of prescribed offence
11 Amendment of
section 20—Disposal of vehicles
12 Amendment of
section 21—Credit provider may apply to Magistrates Court for
relief
Schedule 1—Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Clamping, Impounding and
Forfeiture of Vehicles) (Miscellaneous) Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Criminal Law (Clamping,
Impounding and Forfeiture of Vehicles) Act 2007
4—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of credit
provider insert:
forfeiture offence means an indictable offence of a kind
prescribed by regulation for the purposes of this definition;
(2) Section 3(1), definition of prescribed
offence—after "means" insert:
a forfeiture offence or
5—Amendment of
section 5—Power to clamp or impound vehicle before proceedings
finalised
Section 5(6)—after paragraph (a) insert:
(ab) advise the owners that an application may be able to be made to the
Commissioner under section 8 for a determination bringing the clamping or
impounding period to an end; and
6—Amendment of
section 6—Period of clamping or impoundment
Section 6—delete "7" and substitute:
28
7—Amendment of
section 7—Extension of clamping period
Section 7(2)(a)—delete "7" and substitute:
28
8—Amendment of
section 8—Removal of clamps or release of impounded
vehicle
(1) Section 8(2)—before "the clamping or impounding period"
insert:
the Commissioner must determine that
(2) Section 8—after subsection (2) insert:
(2a) If, in relation to a motor vehicle clamped or impounded under this
Part, the Commissioner is satisfied that—
(a) the offence occurred without the knowledge or consent of any person
who was an owner of the motor vehicle at the time of the offence; or
(b) continued clamping or impounding of the motor vehicle would cause
severe financial or physical hardship to a person other than the alleged
offender or a person who was knowingly involved in, or who aided or abetted, the
commission of the offence; or
(c) other grounds exist that warrant bringing the clamping or impounding
period to an end,
the Commissioner may determine that the clamping or impounding period will
be taken to have ended.
(2b) The Commissioner may make a determination under subsection (2)
or (2a) on the Commissioner's own initiative or on application and, if an
application for a determination is made, the Commissioner must determine the
application as soon as is reasonably practicable.
(2c) However, an application may not be made under subsection (2a) by
or on behalf of the alleged offender.
(2d) If the Commissioner has not determined an application made under this
section within 8 days after it is received, the Commissioner is to be taken
to have refused the application.
(3) Section 8(3)(a)—after "period" insert:
for administrative reasons
9—Amendment of
section 11—Application of Part
Section 11(b)—delete paragraph (b) and substitute:
(b) either—
(i) the offence is a forfeiture offence; or
(ii) the convicted person has been found guilty of or expiated at least
1 other prescribed offence committed or allegedly committed within
10 years of the date of the offence; and
10—Amendment of
section 12—Court order for impounding or forfeiture on conviction of
prescribed offence
(1) Section 12(1)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) order that the motor vehicle specified in the application is forfeited
to the Crown if—
(i) the offence is a forfeiture offence; or
(ii) the convicted person has been found guilty of or expiated at least
1 other prescribed offence committed or allegedly committed within
12 months of the date of the offence; or
(iii) the convicted person has been found guilty of or expiated at least
2 other prescribed offences committed or allegedly committed within
10 years of the date of the offence; or
(b) order that the motor vehicle specified in the application be impounded
by the relevant authority for a period not exceeding 6 months
if—
(i) the convicted person has been found guilty of or expiated 1 other
prescribed offence committed or allegedly committed within 10 years of the
date of the offence; and
(ii) paragraph (a) does not apply.
(2) Section 12—after subsection (1) insert:
(1a) If the court makes an order under subsection (1), it must also
order that the convicted person pay to the relevant authority fees calculated in
accordance with the regulations in relation to the forfeiture or impounding of
the motor vehicle.
Note—
If a motor vehicle has been clamped or impounded under Part 2 in
relation to the offence, the court must also, on the application of the
prosecution, order the payment of fees under section 9.
11—Amendment
of section 20—Disposal of vehicles
(1) Section 20(1) and (2)—delete "sell" wherever occurring and
substitute in each case:
dispose of
(2) Section 20(3)—delete "sold" and substitute:
disposed of
(3) Section 20(3)—delete "sale" wherever occurring and substitute in
each case:
disposal
(4) Section 20(4)—delete the subsection and substitute:
(4) Subject to subsection (5), a disposal of a motor vehicle under
this section is to be by sale by public auction or public tender.
(5) Section 20(5)(b)—delete paragraph (b) and substitute:
(b) the motor vehicle has been offered for sale and was not sold;
or
(c) the Commissioner directs (on such grounds as the Commissioner thinks
fit) that the motor vehicle be destroyed or disposed of in some other
way.
(6) Section 20(7)—delete subsection (7) and substitute:
(7) Despite any other Act or law, if a motor vehicle is sold, destroyed or
otherwise disposed of under this section—
(a) any interests in the motor vehicle existing prior to the sale,
destruction or disposal are extinguished; and
(b) any purchaser of the motor vehicle, or of any part of the motor
vehicle, acquires a good title.
(7) Section 20(8)—delete "sale or disposal" and
substitute:
sale, destruction or disposal
12—Amendment of
section 21—Credit provider may apply to Magistrates Court for
relief
Section 21(1)(c)—delete "the proceeds" and substitute:
any proceeds
Schedule
1—Transitional provision
The amendments to sections 20 and 21 of the Criminal Law (Clamping,
Impounding and Forfeiture of Vehicles) Act 2007 effected by this Act
apply in relation to an impounded or forfeited motor vehicle whether the
impounding or forfeiture occurred before or after the commencement of those
amendments.