South Australian Numbered Acts

CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 (NO 29 OF 2007) - SECT 14

14—Commissioner may give notice prohibiting sale of vehicle

        (1)         If the Commissioner reasonably believes that—

            (a)         a power to clamp or impound a motor vehicle may be exercised under Part 2; but

            (b)         that power is not to be exercised immediately,

the Commissioner may give the owner of the motor vehicle (or, if there is more than 1 owner of the motor vehicle, 1 or more of the owners of the motor vehicle) a notice in the prescribed form prohibiting the sale or disposal of the motor vehicle until the power under Part 2 has been exercised.

        (2)         If—

            (a)         a person—

                  (i)         is to be, or has been, reported for a prescribed offence and has been advised of that fact; or

                  (ii)         has been charged with, or arrested in relation to, a prescribed offence; and

            (b)         the Commissioner reasonably believes that, if the person were convicted of the offence, an application could be made under Part 3 in relation to a motor vehicle,

the Commissioner may give the owner of the motor vehicle (or, if there is more than 1 owner of the motor vehicle, 1 or more of the owners of the motor vehicle) a notice in the prescribed form prohibiting the sale or disposal of the motor vehicle until proceedings relating to the offence have been finalised.

        (3)         If—

            (a)         the Commissioner gives an owner of a motor vehicle a notice under subsection (2); and

            (b)         that owner is not the alleged offender,

the Commissioner must make reasonable efforts to notify the owner when proceedings relating to the offence have been finalised.

        (4)         An owner of a motor vehicle must not sell or otherwise dispose of the motor vehicle in contravention of a notice given under this section.

Maximum penalty: $2 500 or imprisonment for 6 months.

        (5)         It is a defence to a charge of an offence under subsection (4) if the defendant proves that he or she—

            (a)         was not given a notice under this section in relation to the motor vehicle; and

            (b)         did not know, and could not reasonably be expected to have known, that a notice had been given under this section in relation to the motor vehicle.

        (6)         If—

            (a)         a person is found guilty by a court of an offence against subsection (4); and

            (b)         the court is provided with evidence of the value of the motor vehicle sold or disposed of by the person,

the court may (in addition to any other penalty imposed in respect of the offence) require payment by the person of an amount determined by the court to be a reasonable estimate of the value of the motor vehicle.

        (7)         An amount paid in accordance with a requirement under subsection (6) must be paid into the Victims of Crime Fund established under the Victims of Crime Act 2001 .

        (8)         The Commissioner may, at any time, withdraw a notice under this section and must withdraw a notice if the Commissioner becomes aware that no charges are to be laid in respect of the relevant prescribed offence or that charges relating to the relevant prescribed offence are not to be proceeded with.

        (9)         If the Commissioner withdraws a notice given under this section to the owner or 1 or more of the owners of a motor vehicle, the Commissioner must, as soon as practicable, give written notice of the withdrawal to the owner or owners.

        (10)         Nothing in this section affects the rights of a credit provider to repossess a motor vehicle and sell it.