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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Prescribed Motor Vehicles) Amendment
Bill 2010
A BILL FOR
An Act to amend the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Summary Offences
Act 1953
4Amendment of section
4—Interpretation
5Insertion of
section 55
55Driving etc
certain motor vehicles prohibited
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Prescribed Motor
Vehicles) Amendment Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
4—Amendment
of section 4—Interpretation
Section 4—after subsection (1) insert:
(1a) A reference in this Act to drivers or the driving of vehicles
includes a reference to riders or the riding of vehicles unless it is otherwise
expressly stated.
After section 54 insert:
55—Driving etc certain motor vehicles
prohibited
(1) A person must not
drive a prescribed motor vehicle, or cause a prescribed motor vehicle to stand,
on a road.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) If a prescribed
motor vehicle is driven or found standing on a road, the owner of the vehicle is
guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(3) It is a defence to a charge of an offence against
subsection (1)
or
(2) to prove that the
motor vehicle was driven or left standing on a road in circumstances in which
the Motor
Vehicles Act 1959 permits an unregistered motor vehicle to be
driven or left standing on a road.
(4) It is a defence to a charge of an offence against
subsection (2) to
prove that, in consequence of some unlawful act, the vehicle was not in the
possession or control of the defendant at the time it was driven or left
standing on the road.
(5) If a person—
(a) is to be, or has been, reported for; or
(b) has been charged with, or arrested in relation to; or
(c) has been given an expiation notice in relation to; or
(d) is to be the subject of action under Part 2 of the Young
Offenders Act 1993 in relation to,
an offence against this section in respect of a motor vehicle, a police
officer may seize and retain the motor vehicle until proceedings relating to the
offence are finalised.
(6) If a person—
(a) is convicted or found guilty of; or
(b) expiates; or
(c) in a case where action is taken under Part 2 of the Young
Offenders Act 1993—admits the commission of,
an offence against this section, the motor vehicle the subject of the
offence is forfeited to the Crown and may be dealt with in accordance with
section 20 of the Criminal
Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 as
if it had been forfeited by order of a court under that Act.
(7) For the purposes of this section, 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) the offence is expiated; or
(c) if the offence is to be dealt with under Part 2 of the Young
Offenders Act 1993—the alleged offender admits the commission
of the offence; or
(d) a court has determined the charge.
(8) In this section—
owner has the same meaning as in the Motor
Vehicles Act 1959;
prescribed motor vehicle means a motor vehicle that is not
able to be registered under the
Motor
Vehicles Act 1959 and that is of a class declared by the Minister,
by notice published in the Gazette, to be a prescribed motor vehicle for the
purposes of this section;
road has the same meaning as in the Motor
Vehicles Act 1959 (and a reference to a road includes a reference
to a road related area within the meaning of that Act).