South Australian Numbered Acts

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7—Extension of clamping period

        (1)         If a motor vehicle is, or is to be, clamped under this Part, the Commissioner may apply to the Magistrates Court for an order extending the period for which the motor vehicle is liable to remain clamped.

        (2)         On the making of an application under this section, the Magistrates Court may—

            (a)         order that, despite section 6, the motor vehicle is liable to remain clamped for a period specified in the order (which must be more than 7 days but must not exceed 90 days); and

            (b)         make any consequential or ancillary order that it thinks fit.

        (3)         Notice of an application for an order under this section relating to a motor vehicle must be 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 ; and

            (c)         if the Commissioner is aware that any other person claims ownership of the motor vehicle or is likely to suffer financial or physical hardship as a result of the making of an order under this section—that person.

        (4)         The Court—

            (a)         must, if a person given notice of the application under subsection (3) so requests, hear representations from the person in relation to the application; and

            (b)         may, at the request of any other person who is likely to be affected by the making of the order, hear representations from that person in relation to the application.

        (5)         In determining whether to make an order in relation to a motor vehicle under this section, the Court must have regard to the following matters:

            (a)         whether the person whose alleged offending forms the basis for the exercise of powers under this Part (the "alleged offender") has previously been found guilty of, or expiated, any prescribed offences;

            (b)         the seriousness of the allegations against the alleged offender;

            (c)         the likely effect of extending the period of clamping on the alleged offender's behaviour;

            (d)         whether the motor vehicle is owned by the alleged offender;

            (e)         if the motor vehicle is used by persons other than the alleged offender—the extent to which any extension of the period of clamping would affect the alleged offender as opposed to the other users of the motor vehicle;

            (f)         whether there is evidence that any person would suffer financial or physical hardship as a result of the making of the order;

            (g)         any other matters the Court thinks fit.

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