South Australian Numbered Acts South Australian Numbered Acts (1) The Sheriff may
sell a motor vehicle that is the subject of an order for forfeiture under this
Act.
(2) Despite this or
any other law, if a motor vehicle that has been impounded under this Act is
not collected by a person legally entitled to possession of the motor vehicle
within 2 months of the motor vehicle ceasing to be liable to be so
impounded, the Sheriff or, in the case of a motor vehicle impounded under Part
2, the Commissioner, may sell the motor vehicle.
(3) A motor vehicle
must not be sold under subsection (2) unless, not less than 14 days
before the sale, notice of the sale was given to—
(a) each
registered owner of the motor vehicle; and
(b) each
holder of a registered security interest in respect of the motor vehicle under
the Goods Securities Act 1986 .
(4) A sale under this
section is to be by public auction or public tender.
(5) A forfeited or
impounded motor vehicle may be disposed of otherwise than by sale if—
(a) the
Sheriff or the Commissioner (as the case may be) believes on reasonable
grounds that the motor vehicle has no monetary value or that the proceeds of
the sale would be unlikely to exceed the costs of the sale; or
(b) if
the motor vehicle has been offered for sale and was not sold.
(6) The proceeds of
the sale of a motor vehicle under this section must be dealt with as follows:
(a) in
the case of the sale of a forfeited motor vehicle, the Sheriff—
(i)
must deduct from the proceeds the costs of the sale of
the motor vehicle and any fees ordered to be paid in accordance with this Act;
and
(ii)
if an amount remains after the deduction of those costs
and fees and the Magistrates Court has made an order under
section 21(1)(c)—must make a payment in accordance with the order;
and
(iii)
any remaining amount must be paid into the Victims of
Crime Fund established under the Victims of Crime Act 2001 ;
(b) in
the case of the sale of an impounded motor vehicle, the Sheriff or the
Commissioner (as the case may be)—
(i)
must deduct from the proceeds—
(A) the costs of the sale of the
motor vehicle and any fees ordered to be paid in accordance with this Act; and
(B) any other costs resulting from the
failure to collect the motor vehicle; and
(ii)
if an amount remains after the deduction of those costs
and fees and the Magistrates Court has made an order under
section 21(1)(c)—must make any payment required in accordance with
the order; and
(iii)
any remaining amount must be dealt with in accordance
with section 7A of the Unclaimed Moneys Act 1891 as money the owner
of which cannot be found.
(7) Despite any other
Act or law, if a motor vehicle is sold under this section, the purchaser
acquires a good title to the motor vehicle and any interests in the
motor vehicle existing prior to the sale are discharged.
(8) The regulations
may make further provision in relation to the sale or disposal of impounded or
forfeited motor vehicles in accordance with this section.