South Australian Numbered Acts

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CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 (NO 29 OF 2007) - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"clamp", in relation to a motor vehicle, means immobilise the motor vehicle by means of wheel clamps (and "clamped" has a corresponding meaning);

"Commissioner" means the Commissioner of Police;

"credit provider" means—

            (a)         a credit provider within the meaning of the Consumer Credit (South Australia) Code ; or

            (b)         a person who, in the course of business, hires out goods under leasing agreements or hires out or agrees to sell goods under hire-purchase agreements;

"motor vehicle" means a vehicle built to be propelled by a motor that forms part of the vehicle;

"prescribed offence" means an offence of a kind prescribed by regulation for the purposes of this definition;

"public place" includes—

            (a)         a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and

            (b)         a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and

            (c)         a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;

"registered owner" of a motor vehicle means a person recorded in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth as an owner of the motor vehicle;

"relevant authority" means—

            (a)         in relation to the clamping or impounding of a motor vehicle under Part 2—a police officer or person authorised by the Commissioner to exercise the powers of a relevant authority; or

            (b)         in relation to the impounding or forfeiture of a motor vehicle in accordance with an order under Part 3—the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority.

        (2)         For the purposes of this Act, proceedings relating to an offence are "finalised" if—

            (a)         the charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or

            (b)         a court has determined the charge.



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