South Australian Current Acts

CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 13

13—Court may decline to make order in certain circumstances

        (1)         A court that records a conviction to which this Part applies may decline to make an order under this Part if satisfied that—

            (a)         the making of the order would cause severe financial or physical hardship to a person; or

            (b)         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

            (c)         the making of the order would significantly prejudice the rights of a credit provider; or

            (d)         the motor vehicle the subject of the application is a motor vehicle referred to in section 11(c)(i) and has, since the date of the offence, been sold to a genuine purchaser or otherwise disposed of to a person who did not, at the time of the sale or disposal, know or have reason to suspect that the motor vehicle might be the subject of proceedings under this section.

        (2)         If—

            (a)         a court declines to make an order under this Part; and

            (b)         the court is satisfied that it would be reasonably practicable for the convicted person to instead perform community service,

the court must order the convicted person to perform not more than 240 hours of community service.

        (3)         An order to perform community service under subsection (2) must be dealt with and enforced as if it were a sentence of community service (and in any enforcement proceedings the court may exercise any power that it could exercise in relation to a sentence of community service).