South Australian Current Acts

CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 21

21—Credit provider may apply to Magistrates Court for relief

        (1)         A credit provider may apply to the Magistrates Court for an order requiring—

            (a)         the removal of clamps affixed to a motor vehicle under this Act; or

            (b)         the release to the credit provider of a motor vehicle impounded under this Act; or

            (c)         the payment to the credit provider of an amount out of any proceeds of sale of a motor vehicle under this Act (provided that such amount will only be payable if sufficient proceeds remain after the deduction of costs and fees in accordance with section 20(6)).

        (2)         The Magistrates Court may make an order under this section if satisfied—

            (a)         in the case of an application for an order under subsection (1)(a) or (b)—that the rights of the credit provider would be significantly prejudiced if the order were not made; or

            (b)         in the case of an application for an order under subsection (1)(c)—that the credit provider has suffered, or will suffer, loss as a result of the exercise of powers under this Act.

        (3)         Notice of an application for an order under this section relating to a motor vehicle must be given to the following persons:

            (a)         if the motor vehicle is clamped or impounded under Part 2—the Commissioner;

            (b)         if the motor vehicle is impounded or has been forfeited under Part 3—the Sheriff;

            (c)         each registered owner of the motor vehicle;

            (d)         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;

            (e)         if the credit provider is aware that any other person claims ownership of the motor vehicle—that person.

        (4)         A court hearing an application for an order under this section relating to a motor vehicle must, if a person given notice of the application under subsection (3) so requests, hear representations from the person in relation to the application.

        (5)         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.