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
3	Interpretation
3A	Forfeiture offences
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
Legislative history

1—Short title
These regulations may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007.
3—Interpretation
In these regulations—
Act means the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.
3A—Forfeiture offences
For the purposes of the definition of forfeiture offence in section 3 of the Act, indictable offences against Part 3 Division 6 of the Criminal Law Consolidation Act 1935 are prescribed.
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 aggravated offence against section 45 of the Road Traffic Act 1961;
	(b)	an offence against section 44B, 45A, 46, 47, 47B or 47BA of the Road Traffic Act 1961;
	(c)	an offence against section 17AA or 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 or 102 of the Motor Vehicles Act 1959 (other than a first offence against either of those sections);
	(g)	an offence against section 74(2), 74(2a) or 91(5) of the Motor Vehicles Act 1959.
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, the notice set out in Form 1 of Schedule 2 is prescribed.
	(2)	For the purposes of section 14(2) of the Act, the notice set out in Form 1 of Schedule 2 is prescribed.
	(3)	For the purposes of section 15(1) of the Act—
	(a)	if the relevant authority giving the notice is a police officer—the notice set out in Form 1 of Schedule 2 is prescribed; 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—the notice set out in Form 2 of Schedule 2 is prescribed.
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 of Act)			
1	Administration fee (to be charged once only in relation to the impounding of a particular motor vehicle in relation to a particular offence)	$85.00	
2	Fee for transportation of vehicle to storage facility	$272.00	
3	Vehicle storage fee	$22.80 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 of Act)			
4	Administration fee (to be charged once only in relation to the clamping of a particular motor vehicle in relation to a particular offence)	$36.25	
5	Fee for attending to attach clamps to motor vehicle	$85.00 plus a fee of $1.10 per kilometre travelled to and from the location at which the clamps are attached	
6	Fee for attending to remove clamps from motor vehicle	$85.00 plus a fee of $1.10 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) of Act)			
7	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)	$67.50	
8	Seizure fee	$94.50	
9	Fee for transportation of vehicle to storage facility	$272.00	
10	Vehicle storage fee (for impounded vehicles only)	$22.80 per day (or part thereof) during which the vehicle is impounded or remains uncollected*	
*	If a person entitled to custody of an impounded motor vehicle has, after the end of the impounding period and during ordinary business hours, applied to the relevant authority for release of the motor vehicle and has attended to collect the vehicle in accordance with any instructions of the relevant authority, no vehicle storage fee is payable in respect of any day occurring after the date of that application.		

Schedule 2—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
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2007	294	Gazette 6.12.2007 p4746	16.12.2007:  r 2 	
2009	110	Gazette 4.6.2009 p2542	1.7.2009: r 2	
2010	146	Gazette 10.6.2010 p2996	1.7.2010: r 2	
2010	208	Gazette 30.9.2010 p4991	31.10.2010: r 2	
2011	83	Gazette 9.6.2011 p2118	1.7.2011: r 2	
2012	89	Gazette 31.5.2012 p2375	1.7.2012: r 2	
2013	114	Gazette 6.6.2013 p2269	1.7.2013: r 2	
2014	108	Gazette 19.6.2014 p2584	1.7.2014: r 2	
2015	97	Gazette 18.6.2015 p2656	1.7.2015: r 2	
2016	71	Gazette 23.6.2016 p2183	1.7.2016: r 2	
2017	182	Gazette 22.6.2017 p2483	1.7.2017: 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	1.7.2009	
r 3A	inserted by 208/2010 r 4	31.10.2010	
r 4	varied by 208/2010 r 5(1)—(3)	31.10.2010	
r 7	substituted by 208/2010 r 6	31.10.2010	
Sch 1	substituted by 110/2009 r 4	1.7.2009	
	substituted by 146/2010 r 4	1.7.2010	
	substituted by 208/2010 r 7	31.10.2010	
	substituted by 83/2011 r 4	1.7.2011	
	substituted by 89/2012 r 4	1.7.2012	
	substituted by 114/2013 r 4	1.7.2013	
	substituted by 108/2014 r 4	1.7.2014	
	substituted by 97/2015 r 4	1.7.2015	
	substituted by 71/2016 r 4	1.7.2016	
Sch 2	substituted by 208/2010 r 7	31.10.2010	
Historical versions
1.7.2009		
1.7.2010		
31.10.2010		
1.7.2011		
1.7.2012		
1.7.2013		
1.7.2014		
1.7.2015