CRIMINAL LAW (CLAMPING IMPOUNDING AND FORFEITURE OF VEHICLES) BILL 2007

South Australian Bills

This is a Bill, not an Act. For current law, see the Acts databases.

CRIMINAL LAW (CLAMPING IMPOUNDING AND FORFEITURE OF VEHICLES) BILL 2007

South Australia

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

A BILL FOR

An Act to provide certain powers to seize and deal with motor vehicles in connection with certain offences and alleged offences; to make a related amendment to the Summary Offences Act 1953; and for other purposes.

Contents

Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Powers under Act in addition to other penalties

Part 2—Clamping and impounding of vehicles
5 Power to clamp or impound vehicle before proceedings finalised
6 Period of clamping or impoundment
7 Extension of clamping period
8 Removal of clamps or release of impounded vehicle
9 Payment of clamping or impounding fees

Part 3—Court orders for impounding or forfeiture
10 Interpretation
11 Application of Part
12 Court order for impounding or forfeiture on conviction of prescribed offence
13 Court may decline to make order in certain circumstances

Part 4—Powers of relevant authorities
14 Commissioner may give notice prohibiting sale of vehicle
15 Relevant authority may require production of vehicle
16 Seizure
17 Warrants for seizure etc

Part 5—Miscellaneous
18 Offences
19 Liability of the Crown
20 Disposal of vehicles
21 Credit provider may apply to Magistrates Court for relief
22 Evidentiary
23 Service of notices
24 Regulations

Schedule 1—Related amendment and transitional provision

Part 1—Preliminary
1 Amendment provisions

Part 2—Related amendment to Summary Offences Act 1953
2 Repeal of Part 14A

Part 3—Transitional provision
3 Transitional provision

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

(1) In this Act, unless the contrary intention appears—

clamp, in relation to a motor vehicle, means immobilise the motor vehicle by means of wheel clamps (and clamped has a corresponding meaning);

Commissioner means the Commissioner of Police;

credit provider means a credit provider within the meaning of the Consumer Credit (South Australia) Code;

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle;

prescribed offence means an offence of a kind prescribed by regulation for the purposes of this definition;

public place includes—

(a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and

(b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and

(c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;

registered owner of a motor vehicle means a person recorded in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth as an owner of the motor vehicle;

relevant authority means—

(a) in relation to the clamping or impounding of a motor vehicle under Part 2—a police officer or person authorised by the Commissioner to exercise the powers of a relevant authority; or

(b) in relation to the impounding or forfeiture of a motor vehicle in accordance with an order under Part 3—the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority.

(2) For the purposes of this Act, proceedings relating to an offence are finalised if—

(a) the charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or

(b) a court has determined the charge.

4—Powers under Act in addition to other penalties

A power exercisable under this Act is exercisable in addition to any other penalty that may be imposed on a person in relation to a prescribed offence.

Part 2—Clamping and impounding of vehicles

5—Power to clamp or impound vehicle before proceedings finalised

(1) If a person—

(a) is to be, or has been, reported for a prescribed offence and has been advised of that fact; or

(b) has been charged with, or arrested in relation to, a prescribed offence,

a relevant authority may clamp or impound either—

(d) any motor vehicle of which the person is a registered owner.

(2) However, subsection (1) does not apply if the person is to be, or has been, given an expiation notice in respect of the prescribed offence (unless that notice is withdrawn or the person elects to be prosecuted in accordance with the Expiation of Offences Act 1996).

(3) A power to clamp or impound a motor vehicle under this section may be exercised at any time before proceedings for the relevant prescribed offence have been finalised.

(4) A relevant authority may, for the purpose of exercising a power under this section in relation to a motor vehicle, seize the motor vehicle and deal with it in accordance with this Act.

(5) A motor vehicle must not be clamped on a public road or other area of a kind prescribed by regulation.

(6) The Commissioner must ensure that reasonable attempts are made to contact all current registered owners of a motor vehicle that is, or is to be, subject to an exercise of powers under this section (or, if there are no current registered owners of the motor vehicle, to contact the last registered owners) and—

(a) advise the owners of the action taken, or proposed to be taken, under this section; and

(b) provide any information an owner requires in relation to removal of the clamps or release of the motor vehicle at the end of the prescribed period,

(and such attempts must be made no later than 4 days after the motor vehicle is clamped or impounded).

6—Period of clamping or impoundment

Subject to this Part or to an order under section 21, a motor vehicle that has been clamped or impounded under this Part is liable to remain clamped or impounded for a period of 7 days, commencing at the start of the day on which the motor vehicle is so clamped or impounded.

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;

(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.

8—Removal of clamps or release of impounded vehicle

(1) At the end of the clamping or impounding period, the relevant authority—

(a) in the case of a motor vehicle that has been clamped—must, as soon as is reasonably practicable, remove the clamps from the motor vehicle; or

(b) in the case of a motor vehicle that has been impounded—

(i) on the application of an owner of the motor vehicle, must, as soon as is reasonably practicable, release the motor vehicle into the custody of the owner; and

(ii) may, if satisfied that no owner of the motor vehicle is reasonably able to collect the motor vehicle, release the motor vehicle into the custody of a person authorised by the owner to collect the motor vehicle or a person legally entitled to possession of the motor vehicle.

(2) If, in relation to a motor vehicle clamped or impounded under this Part, the Commissioner is satisfied that—

(a) in the case of a motor vehicle referred to in section 5(1)(c)—the motor vehicle was, at the time of the offence, stolen or otherwise unlawfully in the possession of the person or was being used by the person in circumstances prescribed by regulation; or

(b) in any case—grounds did not exist under section 5 to clamp or impound the motor vehicle,

the clamping or impounding period will be taken to have ended.

(3) Nothing in this section—

(a) prevents the relevant authority from removing clamps from a motor vehicle or releasing a motor vehicle before the end of the clamping or impounding period; or

(b) obliges the relevant authority to remove clamps from a motor vehicle or release a motor vehicle outside of ordinary business hours.

(4) In this section—

clamping or impounding period, in relation to a motor vehicle, means the period for which the motor vehicle is liable to remain clamped or impounded under this Part;

ordinary business hours means the hours between 9 am and 5 pm on any day other than a Saturday, Sunday or public holiday.

9—Payment of clamping or impounding fees

(1) If—

(a) a motor vehicle is clamped or impounded under this Part in relation to a prescribed offence; and

(b) a court subsequently finds the person guilty of the prescribed offence or another prescribed offence arising out of the same course of conduct,

the court must, on application by the prosecution, order that the person is liable to pay the clamping or impounding fees to the Commissioner.

(2) If an application is not made to the court in accordance with subsection (1), the person is, on being found guilty of the prescribed offence or another prescribed offence arising out of the same course of conduct, liable to pay the clamping or impounding fees to the Commissioner (and in such a case, the fees are recoverable as a debt).

(3) In this section—

clamping or impounding fees means fees calculated in accordance with the regulations in relation to the clamping or impounding of the motor vehicle under this Part.

Part 3—Court orders for impounding or forfeiture

10—Interpretation

For the purposes of an application for an order under this Part, a person will be taken to have been found guilty of, or to have expiated, a prescribed offence if the person has been found guilty of, or has expiated, an offence that is, at the date of the application, a prescribed offence.

11—Application of Part

This Part applies to a conviction for a prescribed offence if—

(a) the offence was committed after the commencement of this Part; and

(b) the convicted person has, during the period of 10 years immediately preceding the date of the offence, been found guilty of, or has expiated, at least 1 other prescribed offence; and

(i) a motor vehicle was used by the convicted person in the commission of the offence and that motor vehicle was not, at the time of the offence, stolen or otherwise unlawfully in the possession of the person or being used by the person in circumstances (if any) prescribed by regulation; or

(ii) the convicted person is a registered owner of a motor vehicle.

12—Court order for impounding or forfeiture on conviction of prescribed offence

(1) Subject to section 13, if this Part applies to a conviction for a prescribed offence, the court that records the conviction must, on the application of the prosecution—

(a) order—

(i) if the convicted person has, during the period of 10 years immediately preceding the date of the offence, been found guilty of, or expiated, 1 other prescribed offence—that the motor vehicle specified in the application be impounded by the relevant authority for a period not exceeding 3 months; or

(ii) if the convicted person has, during the period of 10 years immediately preceding the date of the offence, been found guilty of, or expiated, 2 other prescribed offences—that the motor vehicle specified in the application be impounded by the relevant authority for a period not exceeding 6 months; or

(iii) if the convicted person has, during the period of 10 years immediately preceding the date of the offence, been found guilty of, or expiated, 3 or more other prescribed offences—that the motor vehicle specified in the application is forfeited to the Crown; and

(b) order that the convicted person pay to the relevant authority fees calculated in accordance with the regulations in relation to the impounding or forfeiture 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.

(2) 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) if the prosecution 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; and

(c) in the case of an application for an order for forfeiture of the motor vehicle—each holder of a registered security interest in respect of the motor vehicle under the Goods Securities Act 1986.

(3) A court hearing an application for an order under this section relating to a motor vehicle—

(a) must, if a person given notice of the application under subsection (2) 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.

(4) A court making an order under this section may make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.

(5) If a court makes an order for the impounding or forfeiture of a motor vehicle under this section, the relevant authority is authorised to seize the motor vehicle and deal with it in accordance with this Act and the requirements (if any) specified in the order.

13—Court may decline to make order in certain circumstances

(1) A court that records a conviction to which this Part applies may decline to make an order under this Part if satisfied that—

(a) the making of the order would cause severe financial or physical hardship to a person; or

(b) the offence occurred without the knowledge or consent of any person who was an owner of the motor vehicle at the time of the offence; or

(d) the motor vehicle the subject of the application is a motor vehicle referred to in section 11(c)(i) and has, since the date of the offence, been sold to a genuine purchaser or otherwise disposed of to a person who did not, at the time of the sale or disposal, know or have reason to suspect that the motor vehicle might be the subject of proceedings under this section.

(2) If—

(a) a court declines to make an order under this Part on the ground that the making of the order would cause severe financial or physical hardship to the convicted person; and

(b) the court is satisfied that it would be reasonably practicable for the convicted person to instead perform community service,

the court must order the convicted person to perform not more than 240 hours of community service.

(3) An order to perform community service under subsection (2) must be dealt with and enforced as if it were a sentence of community service (and in any enforcement proceedings the court may exercise any power that it could exercise in relation to a sentence of community service).

Part 4—Powers of relevant authorities

14—Commissioner may give notice prohibiting sale of vehicle

(1) If the Commissioner reasonably believes that—

(a) a power to clamp or impound a motor vehicle may be exercised under Part 2; but

(b) that power is not to be exercised immediately,

the Commissioner may give the owner of the motor vehicle (or, if there is more than 1 owner of the motor vehicle, 1 or more of the owners of the motor vehicle) a notice in the prescribed form prohibiting the sale or disposal of the motor vehicle until the power under Part 2 has been exercised.

(2) If—

(a) a person—

(i) is to be, or has been, reported for a prescribed offence and has been advised of that fact; or

(ii) has been charged with, or arrested in relation to, a prescribed offence; and

(b) the Commissioner reasonably believes that, if the person were convicted of the offence, an application could be made under Part 3 in relation to a motor vehicle,

(3) If—

(a) the Commissioner gives an owner of a motor vehicle a notice under subsection (2); and

(b) that owner is not the alleged offender,

the Commissioner must make reasonable efforts to notify the owner when proceedings relating to the offence have been finalised.

(4) An owner of a motor vehicle must not sell or otherwise dispose of the motor vehicle in contravention of a notice given under this section.

Maximum penalty: $2 500 or imprisonment for 6 months.

(5) It is a defence to a charge of an offence under subsection (4) if the defendant proves that he or she—

(a) was not given a notice under this section in relation to the motor vehicle; and

(b) did not know, and could not reasonably be expected to have known, that a notice had been given under this section in relation to the motor vehicle.

(6) If—

(a) a person is found guilty by a court of an offence against subsection (4); and

(b) the court is provided with evidence of the value of the motor vehicle sold or disposed of by the person,

the court may (in addition to any other penalty imposed in respect of the offence) require payment by the person of an amount determined by the court to be a reasonable estimate of the value of the motor vehicle.

(7) An amount paid in accordance with a requirement under subsection (6) must be paid into the Victims of Crime Fund established under the Victims of Crime Act 2001.

(8) The Commissioner may, at any time, withdraw a notice under this section and must withdraw a notice if the Commissioner becomes aware that no charges are to be laid in respect of the relevant prescribed offence or that charges relating to the relevant prescribed offence are not to be proceeded with.

(9) If the Commissioner withdraws a notice given under this section to the owner or 1 or more of the owners of a motor vehicle, the Commissioner must, as soon as practicable, give written notice of the withdrawal to the owner or owners.

(10) Nothing in this section affects the rights of a credit provider to repossess a motor vehicle under the Consumer Credit (South Australia) Code and sell it.

15—Relevant authority may require production of vehicle

(1) A relevant authority may, for the purpose of exercising a power under this Act in relation to a motor vehicle, give an owner of the motor vehicle written notice in the prescribed form requiring the owner to produce the motor vehicle at a time and place specified in the notice.

(2) An owner of a motor vehicle must not, without reasonable excuse (proof of which lies on the person), refuse or fail to comply with a notice given under this section in relation to the motor vehicle.

Maximum penalty: $2 500 or imprisonment for 6 months.

(3) This section is in addition to, and does not derogate from, any other powers of a relevant authority under this Act.

16—Seizure

(1) A relevant authority that is authorised under this Act to seize a motor vehicle may seize the motor vehicle from—

(a) a public place; or

(b) a place occupied by the person whose offending, or alleged offending, forms the basis for the exercise of powers under this Act; or

(c) any other place, with the consent of the owner or occupier of the place or under the authority of a warrant issued under this Act.

(2) A motor vehicle seized under this Act may—

(a) be moved to a place determined by the relevant authority and clamped or impounded there (and may, if the relevant authority so determines, be subsequently moved to and clamped or impounded at some other place); and

(b) be driven, towed or pushed, or moved in any other manner; and

(3) A relevant authority may do anything reasonably necessary for the purpose of seizing and moving a motor vehicle under this Act, including exercising any of the following powers:

(a) requiring the motor vehicle to stop;

(b) entering into and searching a place occupied by the offender or alleged offender and using reasonable force to break into or open any garage or other structure in which the motor vehicle may be stored at that place;

(d) if the driver or any other person will not surrender the keys to the vehicle, starting the vehicle by other means.

17—Warrants for seizure etc

(1) If a relevant authority is authorised under this Act to seize a motor vehicle in relation to an offence or an alleged offence, the relevant authority may, in order to seize the motor vehicle from a place (other than a place referred to in section 16(1)(a) or (b)) without the consent of the owner or occupier of the place, apply to a magistrate for a warrant under this section.

(2) If a magistrate is satisfied that—

(a) a relevant authority is authorised under this Act to seize a motor vehicle; and

(b) there are reasonable grounds to suspect that the motor vehicle is at a place,

the magistrate may issue a warrant authorising the relevant authority—

(d) to search the place for the motor vehicle; and

(e) to use reasonable force to break into or open any garage or other structure in which the motor vehicle may be stored at the place; and

(f) to seize the motor vehicle, and otherwise deal with it, in accordance with this Act.

(3) An application under this section for the issue of a warrant may be made either personally or by telephone.

(4) The grounds of an application for a warrant must be verified by affidavit.

(5) An application for a warrant cannot be made by telephone unless, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally.

(6) If an application for a warrant is made by telephone—

(a) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and

(b) if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and

(c) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and

(d) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and

(e) the magistrate must inform the applicant of the terms of the warrant; and

(f) the applicant must fill out and sign a warrant form (the duplicate warrant) that—

(i) sets out the name of the magistrate who issued the original and the terms of the warrant; and

(ii) complies with any other requirements prescribed by regulation; and

(g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (b) and a copy of the duplicate warrant.

(7) A magistrate by whom a warrant is issued under this section must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.

(8) A relevant authority may, in exercising powers in accordance with a warrant issued under this section, be accompanied by such assistants as are reasonably necessary for the purpose.

(9) A warrant issued under this section, if not executed at the expiration of 1 month from the date of its issue, then expires.

Part 5—Miscellaneous

18—Offences

(1) A person must not hinder or obstruct a relevant authority exercising powers under this Act.

Maximum penalty: $2 500 or imprisonment for 6 months.

(2) A person (other than a relevant authority acting under this Act) must not interfere with any wheel clamps affixed to a motor vehicle in accordance with this Act.

Maximum penalty: $2 500 or imprisonment for 6 months.

19—Liability of the Crown

(1) Subject to subsection (2), no compensation is payable by the Crown or a relevant authority in respect of the exercise or purported exercise of powers by a relevant authority under this Act.

(2) This section does not protect—

(a) a relevant authority from liability in respect of the exercise or purported exercise of powers otherwise than in good faith; or

(b) the Crown from liability in respect of damage to a motor vehicle caused otherwise than by the proper exercise of powers under this Act.

20—Disposal of vehicles

(1) The Sheriff may sell a motor vehicle that is the subject of an order for forfeiture under this Act.

(2) Despite this or any other law, if a motor vehicle that has been impounded under this Act is not collected by a person legally entitled to possession of the motor vehicle within 2 months of the motor vehicle ceasing to be liable to be so impounded, the Sheriff or, in the case of a motor vehicle impounded under Part 2, the Commissioner, may sell the motor vehicle.

(3) A motor vehicle must not be sold under subsection (2) unless each holder of a registered security interest in respect of the motor vehicle under the Goods Securities Act 1986 has been given notice of the sale (and such notice must be given not less than 14 days before the sale).

(4) A sale under this section is to be by public auction or public tender.

(5) A forfeited or impounded motor vehicle may be disposed of otherwise than by sale if—

(a) the Sheriff or the Commissioner (as the case may be) believes on reasonable grounds that the motor vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of the sale; or

(b) if the motor vehicle has been offered for sale and was not sold.

(6) The proceeds of the sale of a motor vehicle under this section must be dealt with as follows:

(a) in the case of the sale of a forfeited motor vehicle, the Sheriff—

(i) must deduct from the proceeds the costs of the sale of the motor vehicle and any fees ordered to be paid in accordance with this Act; and

(ii) if an amount remains after the deduction of those costs and fees and the Magistrates Court has made an order under section 21(1)(c)—must make a payment in accordance with the order; and

(iii) any remaining amount must be paid into the Victims of Crime Fund established under the Victims of Crime Act 2001;

(b) in the case of the sale of an impounded motor vehicle, the Sheriff or the Commissioner (as the case may be)—

(i) must deduct from the proceeds—

(A) the costs of the sale of the motor vehicle and any fees ordered to be paid in accordance with this Act; and

(B) any other costs resulting from the failure to collect the motor vehicle; and

(ii) if an amount remains after the deduction of those costs and fees and the Magistrates Court has made an order under section 21(1)(c)—must make any payment required in accordance with the order; and

(iii) any remaining amount must be dealt with in accordance with section 7A of the Unclaimed Moneys Act 1891 as money the owner of which cannot be found.

(7) The regulations may make further provision in relation to the sale or disposal of impounded or forfeited motor vehicles in accordance with this section.

21—Credit provider may apply to Magistrates Court for relief

(1) A credit provider may apply to the Magistrates Court for an order requiring—

(a) the removal of clamps affixed to a motor vehicle under this Act; or

(b) the release to the credit provider of a motor vehicle impounded under this Act; or

(c) the payment to the credit provider of an amount out of the proceeds of sale of a motor vehicle under this Act (provided that such amount will only be payable if sufficient proceeds remain after the deduction of costs and fees in accordance with section 20(6)).

(2) The Magistrates Court may make an order under this section if satisfied that the rights of the credit provider would be significantly prejudiced if the order were not made.

(3) Notice of an application for an order under this section relating to a motor vehicle must be given to the following persons:

(a) if the motor vehicle is clamped or impounded under Part 2—the Commissioner;

(b) if the motor vehicle is impounded or has been forfeited under Part 3—the Sheriff;

(d) each holder of a registered security interest in respect of the motor vehicle under the Goods Securities Act 1986;

(e) if the credit provider is aware that any other person claims ownership of the motor vehicle—that person.

(4) A court hearing an application for an order under this section relating to a motor vehicle must, if a person given notice of the application under subsection (3) so requests, hear representations from the person in relation to the application.

(5) A court making an order under this section may make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.

22—Evidentiary

An apparently genuine document purporting to be an extract from, or copy of, an entry contained in the register of motor vehicles kept under the Motor Vehicles Act 1959 and purporting to be certified as such an extract or copy by the Registrar of Motor Vehicles indicating that a person is recorded on that register as an owner of a motor vehicle must be accepted in any proceedings under this Act as proof that the person is an owner of the motor vehicle in the absence of proof to the contrary.

23—Service of notices

(1) A notice required or authorised to be given to, or served on, a person for the purposes of this Act may—

(a) be given to the person personally; or

(b) be posted in an envelope addressed to the person—

(i) at the person's last known address; or

(ii) at the person's address for service; or

(c) be left for the person at the person's last known address or address for service with someone apparently over the age of 16 years; or

(d) be given to, or served on, the person in a manner prescribed by regulation.

(2) If, in any proceedings, it is proved (on evidence by affidavit or otherwise) that a notice required to be given to, or served on, a registered owner of a motor vehicle under this Act was sent by ordinary prepaid post in an envelope addressed to the owner at the address recorded in relation to the owner in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth, the notice will be conclusively presumed to have been given to the owner at the time when it would, in the ordinary course of post, reach the address to which it was posted.

24—Regulations

(1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

(2) Without limiting the generality of subsection (1), the regulations may—

(a) prescribe fees for the purposes of this Act; and

(b) provide for the remission of fees in specified circumstances; and

(c) specify procedures or prescribe guidelines to be followed by relevant authorities in the exercise of powers under this Act.

(3) The regulations may—

(a) be of general application or vary in their application according to prescribed factors;

(b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Sheriff.

(4) The regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.

(5) If a code, standard or other document is referred to or incorporated in the regulations—

(a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

(b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.

Schedule 1—Related amendment and transitional provision

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Related amendment to Summary Offences Act 1953

2—Repeal of Part 14A

Part 14A—delete the Part

Part 3—Transitional provision

3—Transitional provision

Part 14A of the Summary Offences Act 1953, as in force immediately before the commencement of this Act, continues to apply in relation to an offence committed or allegedly committed before the commencement of this Act.

[Index] [Search] [Download] [Help]