Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 (SA)

South Australia

Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022

under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

1Short title

These regulations may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022.

3Interpretation

In these regulations—

Act means the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.

4Forfeiture offences

For the purposes of the definition of forfeiture offence in section 3(1) of the Act, indictable offences against Part 3 Division 6 of the Criminal Law Consolidation Act 1935 are prescribed.

5Prescribed offences

For the purposes of the definition of prescribed offence in section 3(1) of the Act, the following offences are prescribed:

1. (a)

   an aggravated offence against section 45 of the Road Traffic Act 1961;

2. (b)

   an offence against section 44B, 45A, 46, 47, 47B, 47BA, 47E(3), 47E(3a), 47EAA(9), 47EAA(9a) or 47I of the Road Traffic Act 1961;

3. (c)

   an offence against section 17AA or 54 of the Summary Offences Act 1953;

4. (d)

   an offence against section 9 of the Graffiti Control Act 2001;

5. (e)

   an offence against section 85 of the Criminal Law Consolidation Act 1935 if the offence involves the marking of graffiti;

6. (f)

   an offence against section 9 or 102 of the Motor Vehicles Act 1959 (other than a first offence against either of those sections);

7. (g)

   an offence against section 74(2), 74(2a), 74(2ab), 74(2ac) or 91(5a) of the Motor Vehicles Act 1959.

6Prescribed circumstances

The following circumstances in which a motor vehicle is used by a person are prescribed for the purposes of sections 8(2)(a) and 11(c)(i) of the Act:

1. (a)

   the motor vehicle is being used by the person (not being the owner of the motor vehicle) in accordance with a contractual arrangement with the owner of the motor vehicle, other than a contractual arrangement that confers on the person an express or implied right or option to purchase the motor vehicle; and

2. (b)

   the owner of the motor vehicle is a person who carries on a business that consists of, or involves, hiring or otherwise supplying motor vehicles to others for business or personal use.

Examples—

A person visiting South Australia on holiday hires a car from a car hire company to use while in the State. While that person is driving the car in accordance with the hire contract, the car is being used in circumstances prescribed by this regulation.

A taxi driver drives a taxi that is owned, not by the driver, but by the taxi company for whom the driver works. While the taxi driver is using the taxi in accordance with their employment contract, the taxi is being used in circumstances prescribed by this regulation.

7Prescribed forms

1. (1)

   For the purposes of section 14(1) of the Act, the notice set out in Schedule 1 Form 1 is prescribed.

2. (2)

   For the purposes of section 14(2) of the Act, the notice set out in Schedule 1 Form 1 is prescribed.

3. (3)

   For the purposes of section 15(1) of the Act—

   1. (a)

      if the relevant authority giving the notice is a police officer—the notice set out in Schedule 1 Form 1 is prescribed; or

   2. (b)

      if the relevant authority giving the notice is the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority—the notice set out in Schedule 1 Form 2 is prescribed.

8Sale or disposal of motor vehicles

For the purposes of exercising a power to sell a motor vehicle under section 20 of the Act, the Sheriff or the Commissioner may—

1. (a)

   set a reserve price for the motor vehicle; and

2. (b)

   move the motor vehicle to another location within the State.

9Service of notices

In accordance with section 23(1)(d) of the Act, a notice required or authorised to be given to, or served on, a person for the purposes of the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.

Schedule 1—Prescribed forms

Form 1

To the owner of the following motor vehicle:

Registration No:

Description:

It is alleged that a relevant prescribed offence occurred as follows:

Date:

Time:

Location:

Notice under section 14 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

You are prohibited from—

☐selling or disposing of the motor vehicle

☐intentionally damaging or altering the motor vehicle or causing or permitting another person to damage or alter the motor vehicle

The prohibition continues until—

☐the power under Part 2 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 to clamp or impound has been exercised in relation to the relevant prescribed offence

☐proceedings relating to the relevant prescribed offence have been finalised

It is an offence to contravene the prohibitions specified in this notice.

Notice under section 15 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

You are required to produce the motor vehicle—

Between the hours of:

On:

At:

If you are unable to do so, you must contact SAPOL during business hours before that day on the following number to arrange another time:

The motor vehicle is to be produced for the purpose of a relevant authority exercising a power under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 in relation to the motor vehicle.

It is an offence to refuse or fail to comply with this notice without reasonable excuse.

Issuing police officer's ID number:

Form 2

Notice under section 15 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

To the owner of the following motor vehicle:

Registration No:

Description:

An order for impounding or forfeiture of the motor vehicle has been made as follows:

Court:

Name and number of proceedings:

Date:

You are required to produce the motor vehicle—

Between the hours of:

On:

At:

If you are unable to do so, you must contact the Sheriff's office during business hours before that day on the following number to arrange another time:

The motor vehicle is to be produced for the purpose of a relevant authority exercising a power under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 in relation to the motor vehicle.

It is an offence to refuse or fail to comply with this notice without reasonable excuse.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

  The Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 revoked the following:

  Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2022	58	Gazette 28.7.2022 p2379	1.9.2022:  r 2
  2022	95	Gazette 3.11.2022 p6556	13.2.2023: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	13.2.2023
  r 5	amended by 95/2022 r 3	13.2.2023
  Sch 2	omitted under Legislation Revision and Publication Act 2002	13.2.2023