South Australian Numbered Acts South Australian Numbered Acts10—Amendment of section 12—Court order for impounding or
forfeiture on conviction of prescribed offence
(1) Section 12(1)(a)
and (b)—delete paragraphs (a) and (b) and substitute:
(a)
order that the motor vehicle specified in the application is forfeited to the
Crown if—
(i)
the offence is a forfeiture offence; or
(ii)
the convicted person has been found guilty of or expiated
at least 1 other prescribed offence committed or allegedly committed
within 12 months of the date of the offence; or
(iii)
the convicted person has been found guilty of or expiated
at least 2 other prescribed offences committed or allegedly committed
within 10 years of the date of the offence; or
(b)
order that the motor vehicle specified in the application be impounded by the
relevant authority for a period not exceeding 6 months if—
(i)
the convicted person has been found guilty of or expiated
1 other prescribed offence committed or allegedly committed within
10 years of the date of the offence; and
(ii)
paragraph (a) does not apply.
(2)
Section 12—after subsection (1) insert:
(1a) If the court
makes an order under subsection (1), it must also order that the
convicted person pay to the relevant authority fees calculated in accordance
with the regulations in relation to the forfeiture or impounding of the motor
vehicle.
Note—
If a motor vehicle has been clamped or impounded under Part 2 in relation
to the offence, the court must also, on the application of the prosecution,
order the payment of fees under section 9.