South Australian Current Acts

CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 12

12—Court order for impounding or forfeiture on conviction of prescribed offence

        (1)         Subject to section 13, if this Part applies to a conviction for a prescribed offence, the court that records the conviction must, on the application of the prosecution—

            (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.

        (1a)         If the court makes an order under subsection (1), it must also order that the convicted person pay to the relevant authority fees prescribed 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.

        (2)         Notice of an application for an order under this section relating to a motor vehicle must be given to—

            (a)         each registered owner of the motor vehicle; and

            (b)         if the prosecution is aware that any other person claims ownership of the motor vehicle or is likely to suffer financial or physical hardship as a result of the making of an order under this section—that person; and

            (c)         in the case of an application for an order for forfeiture of the motor vehicle—each person registered under the Personal Property Securities Act 2009 of the Commonwealth as a secured party in relation to a security interest for which the motor vehicle is collateral.

        (3)         A court hearing an application for an order under this section relating to a motor vehicle—

            (a)         must, if a person given notice of the application under subsection (2) so requests, hear representations from the person in relation to the application; and

            (b)         may, at the request of any other person who is likely to be affected by the making of the order, hear representations from that person in relation to the application.

        (4)         A court making an order under this section may make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.

        (5)         If a court makes an order for the impounding or forfeiture of a motor vehicle under this section, the relevant authority is authorised to seize the motor vehicle and deal with it in accordance with this Act and the requirements (if any) specified in the order.