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

Contents
1	Short title
2	Commencement
3	Interpretation
4	Prescribed offences
5	Prescribed circumstances
6	Prescribed fees
7	Prescribed forms
8	Sale or disposal of motor vehicles
9	Service of notices
Schedule 1—Prescribed fees
Schedule 2—Prescribed forms

1—Short title
These regulations may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007.
2—Commencement
These regulations will come into operation on the day on which the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 comes into operation.
3—Interpretation
In these regulations—
Act means the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.
4—Prescribed offences
For the purposes of the definition of prescribed offence in section 3(1) of the Act the following offences are prescribed:
	(a)	an offence against section 19A or 19AC of the Criminal Law Consolidation Act 1935;
	(b)	an offence against section 44B, 45A, 46, 47, 47B or 47BA of the Road Traffic Act 1961;
	(c)	an offence against section 54 of the Summary Offences Act 1953;
	(d)	an offence against section 9 of the Graffiti Control Act 2001;
	(e)	an offence against section 85 of the Criminal Law Consolidation Act 1935 if the offence involves the marking of graffiti;
	(f)	an offence against section 9, 74(2), 91(5) or 102 of the Motor Vehicles Act 1959 (other than a first offence against any of those sections).
5—Prescribed 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:
	(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
	(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 his or her employment contract, the taxi is being used in circumstances prescribed by this regulation.
6—Prescribed fees
The fees set out in Schedule 1 are prescribed for the purposes set out in that Schedule.
7—Prescribed forms
	(1)	For the purposes of section 14(1) of the Act, a notice that includes the particulars set out in Form 1 in Schedule 2 is a notice in the prescribed form. 
	(2)	For the purposes of section 14(2) of the Act, a notice that includes the particulars set out in Form 2 in Schedule 2 is a notice in the prescribed form.
	(3)	For the purposes of section 15(1) of the Act—
	(a)	if the relevant authority giving the notice is a police officer or person authorised by the Commissioner to exercise the powers of a relevant authority—a notice that includes the particulars set out in Form 3 in Schedule 2 is a notice in the prescribed form; or
	(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—a notice that includes the particulars set out in Form 4 in Schedule 2 is a notice in the prescribed form.
8—Sale or disposal of motor vehicles
For the purpose of exercising a power to sell a motor vehicle under section 20 of the Act, the Sheriff or the Commissioner may—
	(a)	set a reserve price for the motor vehicle; and
	(b)	move the motor vehicle to another location within the State.
9—Service 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 fees

Fees payable to Commissioner in relation to impounding of a motor vehicle (section 9)	Fee	
Administration fee (to be charged once only in relation to the impounding of a particular motor vehicle in relation to a particular offence)	$57.00	
Fee for transportation of vehicle to storage facility	$180.00	
Vehicle storage fee	$15.00 per day (or part thereof) during which the vehicle is impounded or remains uncollected	

Fees payable to Commissioner in relation to clamping of a motor vehicle (section 9)	Fee	
Administration fee (to be charged once only in relation to the clamping of a particular motor vehicle in relation to a particular offence)	$23.70	
Fee for attending to attach clamps to motor vehicle	$57.00 plus a fee of 68 cents per kilometre travelled to and from the location at which the clamps are attached	
Fee for attending to remove clamps from motor vehicle	$57.00 plus a fee of 68 cents per kilometre travelled to and from the location at which the clamps are removed	

Fees payable to Sheriff in relation to impounding or forfeiture of motor vehicle (section 12(1)(b))	Fee	
Administration fee (to be charged once only in relation to the impounding or forfeiture of a particular motor vehicle in relation to a particular offence)	$44.50	
Seizure fee	$62.50	
Fee for transportation of vehicle to storage facility	$180.00	
Vehicle storage fee (for impounded vehicles only)	$15.00 per day (or part thereof) during which the vehicle is impounded or remains uncollected 	

Schedule 2—Prescribed forms

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 6 December 2007
No 294 of 2007
AGO0056/06CS