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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-28 Daily Xml
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CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) (MISCELLANEOUS) AMENDMENT BILL

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (01:00): I move:

That this bill be now read a second time.

I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

This Bill proposes reforms to the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 and makes a related amendment to the Summary Offences Act 1953. The measures in this Bill represent an initial and immediate response by Government to the increasing prominence of hoon and dangerous driving behaviour by a certain section of the public. South Australia Police, the Government and the public of South Australia are concerned and will not continue to tolerate this criminal conduct on South Australia's roads. This Bill will address these concerns by strengthening the current laws relating to clamping, impounding and court ordered forfeiture of vehicles by increasing the period for which vehicles can be impounded or clamped by police from 7 days to 28 days, by providing for court ordered forfeiture in more cases and by allowing for the destruction of forfeited and uncollected impounded vehicles. Another key feature of this Bill is to permit the relevant authority to seize a vehicle where it is plain sight, without the need to obtain a warrant from the court. Finally this Bill introduces the new offences of interfering with an impounded vehicle and misuse of a motor vehicle on private land.

Currently under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, police are able to impound or clamp a vehicle before proceedings are finalised when a person is reported, charged or arrested with a prescribed offence for a period of seven days. Police may clamp or impound a vehicle used in the alleged commission of the offence (that is, whether belonging to the driver or not); or any other vehicle of which the alleged offender is the registered owner. Fees associated with police clamping or impounding are incurred by the alleged offender but are not liable to be paid unless and until found guilty of the prescribed offence. Apart from the current method for credit providers to seek relief, there is no appeal mechanism for alleged offenders or owners of vehicles who are not responsible for the offending, to seek release of a police impounded or clamped vehicle. If found guilty of the prescribed offence, the offender is liable to pay the fees associated with police impounding or clamping and receive a penalty at sentencing for the prescribed offence, which may involve a fine, imprisonment and or licence disqualification.

If an offender has previously been convicted or expiated for one or more prescribed offences in the last 10 years, the prosecution apply to the court for a further period of impounding or alternatively forfeiture of the vehicle as the case may be, depending on the number of previous convictions for prescribed offences. If a vehicle is forfeited, the vehicle must be sold by public auction or tender and once costs associated with sale and any other fees are deducted, the proceeds must be paid into the Victims of Crime Fund established under the Victims of Crime Act 2001. Alternatively, in the case of the sale of uncollected impounded vehicles, the proceeds are treated as unclaimed moneys, the owner of which cannot be found. If sale is not achieved, or the vehicle is not worth selling, the vehicle may be disposed of.

I will now explain how the Bill will change the current law.

Amendments to increase the period of police impounding and clamping to 28 days

The first measure is to increase the period for clamping or impounding of a motor vehicle from 7 to a period of 28 days. This increase applies to police clamping or impounding prior to finalisation of proceedings. There will be no mechanism for the offender to seek release of the vehicle until the period of clamping or impounding has been served. As is currently the case, any costs associated with police clamping or impounding during the 28 day period will be liable to be paid if the alleged offender is found guilty. If, however, the alleged offender is acquitted of the prescribed offence or the charge is withdrawn, the Commissioner of Police will bear the costs associated with impounding or clamping, as is currently the case.

When police impound or clamp a motor vehicle, there are certain notification requirements on police about alerting registered owners. A new notification requirement is introduced in this Bill. The Commissioner of Police must ensure that reasonable attempts are made to advise current registered owners of a clamped or impounded motor vehicle that an application may be made to the Commissioner for a determination to bring the clamping or impounding period to an end. Where an application is made by a registered owner seeking the Commissioner's determination, the Commissioner must determine the application as soon as is reasonably practicable. If however the Commissioner has not determined an within eight days after it is received, the Commissioner is to be taken to have refused the application. The measure to apply to the Commissioner can be described as a hardship mechanism, designed to provide a pathway to seek relief for a small minority of registered owners who, through no fault of their own, but of another who is the alleged offender of a prescribed offence, have a vehicle clamped or impounded for 28 days. It should be noted that aside from receiving an application, the Commissioner of Police can still make a determination to release a vehicle that has been impounded or clamped of the Commissioner's own initiative, prior to the expiration of the 28 days.

These amendments are designed so that a determination by the Commissioner of Police to release an impounded or clamped vehicle, prior to expiration of the 28 day period, will only occur in very limited circumstances and not for the benefit of the alleged offender. These situations are:

where 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

where the motor vehicle is not owned by the alleged offender and the continued clamping or impounding of the motor vehicle would cause severe financial or physical hardship to a person other than the alleged offender or a person who has knowingly involved in, or who aided or abetted, the commission of the offence; or

where other grounds, exist that warrant the clamping or impounding being brought to an end.

Amendments to permit temporary roadside clamping

Another amendment to Part 2 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 seeks to permit temporary clamping by the relevant authority, namely SAPOL, on a public road or other area of a kind prescribed by regulation. It is consequential on the amendments to section 16(3). SAPOL has advised that police resources are being inefficiently used when patrol members who seize a vehicle under authority of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 are required to wait by the roadside until the tow truck arrives. SAPOL further advise that patrol members have on occasions waited with a seized vehicle for up to two to three hours for this to occur. Once clamped on the roadside, a tow truck will then be requested to attend the scene and remove the vehicle to a designated SAPOL impounding yard.

This obviates the need for SAPOL officers to wait alongside a vehicle seized on a public road for the tow truck to arrive to take it away. The general prohibition of clamping on public roads or other area of a kind prescribed by regulation will remain under section 16(3) of the Act, but will make an exception to this. The practical effect of the amendment to section 16(3) will be to permit SAPOL officers to temporarily affix clamps or any other locking device to the motor vehicle on a public road or in any other place in order to secure the vehicle until it can be seized and moved, a short time later.

Amendment to clarify procedure for release of impounded or clamped vehicles

The final amendment to Part 2 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 removes any ambiguity regarding the collection or release of motor vehicles at the end of the clamping or impounding period. Firstly SAPOL have experienced a number of cases where at the end of the impounding or clamping period, alleged offenders seek the release or return of the clamped or impounded vehicle outside business hours. Secondly, this amendment will clarify that the onus falls upon the person entitled to custody of the motor vehicle to apply to SAPOL to arrange release of the vehicle at the end of the clamping or impounding period.

The Government is aware of recent cases of motor vehicles being impounded in the early morning (e.g. 3am) by SAPOL and the registered owner or person entitled to custody of the vehicle expecting to reassume possession of the vehicle at the end of the impounding period at exactly 3am. In such cases, the Government is of the view that it is reasonable for the vehicle to be collected during business hours. Therefore technical amendments to section 8 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 are required to address this issue. It should be noted that on receipt of such an application, the relevant authority, namely SAPOL must release the motor vehicle as soon as is reasonably practicable.

For the sake of completeness it should be noted that where an application is made by the person entitled to custody of the motor vehicle for its release, and this falls outside of normal business hours, and release during business hours would extend the period of clamping or impounding by a day or more (e.g. if the vehicle was due for release on a weekend or a public holiday), no additional fees impounding or clamping fees will be incurred. This is necessary to ensure fairness and to remove any ambiguity as to whether additional fees should apply in these cases. This will be confirmed in the Regulations.

Amendments to court ordered forfeiture and impounding.

The next set of amendments apply to Part 3 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, that deal with court ordered impounding or forfeiture. Currently a court may impound or forfeit a motor vehicle owned by the alleged offender, whether or not it is the same vehicle that or was used to commit the prescribed offence. These amendments will target offenders who have a history of committing and being found guilty of prescribed offences by increasing the period of court ordered impounding and reducing the number of chances before their vehicles become eligible for court forfeiture. I will now explain how the Government will target these repeat offenders of prescribed offences, who continue to demonstrate disregard for the authority of the law.

Firstly, technical amendments are contained in the Bill to change how courts take into account previous offending history involving prescribed offences. Currently the court considers the date of previous findings of guilt or expiation to determine whether further impounding or forfeiture is required. Instead, these amendments will substitute the date a prescribed offence was committed or allegedly committed or expiated for within 12 months or 10 years, as the case may be, of the date of the prescribed offence for which the offender has been convicted.

Secondly, another amendment will extend the period of court ordered impounding from three months to six months, where an offender has, during the period of 10 years immediately preceding the date of the offence, committed or allegedly committed and subsequently been found guilty of, or expiated, one other prescribed offence. Therefore in addition to receiving a penalty from the court for the prescribed offence, an offender, if subject to court ordered impounding, will also endure the inconvenience of being deprived of use of the vehicle for up to six months but also, be liable to pay the hefty fees associated with impounding that will accumulate on a daily basis during the period of court ordered impounding.

Thirdly, where the offender has committed or allegedly committed and been found guilty of, or expiated, at least one other prescribed offence within 12 months of the date of the offence, their vehicle will now be eligible for court forfeiture upon application by the prosecution. The Government is of the view that such offenders pose a serious risk and their vehicles should be exposed to forfeiture where they commit another prescribed offence within 12 months and are found guilty of that second offence. This approach is very much a policy of two strikes in 12 months and you are out.

Fourthly, the Bill will allow court forfeiture of a vehicle upon application of the prosecution where an offender has, within 10 years of the offence, committed or allegedly committed and subsequently been found guilty of, or expiated, two other prescribed offences. Under the current law, offenders receive three chances before they become eligible for court forfeiture of their vehicle.

A new category of forfeiture offences will be defined in the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007. At this stage it is intended that a forfeiture offence will be any indictable offence under sections 19A, 19AB or 19AC of the Criminal Law Consolidation Act 1935; namely the offences of Cause Death or Harm by Dangerous Driving, Leaving Accident Scene After Causing Death or Harm by Careless Use of Vehicle or Vessel and Dangerous Driving to Escape Police Pursuit. On conviction for any of these offences, the prosecution may apply to the court for forfeiture of the vehicle; irrespective of the past prior number if any of convictions or findings of guilty for prescribed offences.

Amendments to Part 4, the powers of relevant authorities

Section 14(2) of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act allows police, when they intend to apply to the court for an impounding or forfeiture order, to issue a notice prohibiting sale or disposal until the proceedings in the matter have been finalised. It is an offence to contravene such a notice. The offence carries a maximum penalty of a fine of $2,500 and six months' imprisonment. A person convicted of this offence is liable to an additional penalty of paying an amount equivalent to the value of the vehicle to the court. Monies received in payment of this additional penalty are paid into the Victims of Crime Fund.

The Government has identified that section 14 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 could be manipulated by alleged offenders and so this Bill provides the opportunity to remedy this.

Section 14(2) deals only with the unauthorised sale or disposal of vehicles and does not contemplate deliberate damage or interference to a vehicle by its owner. An owner intent upon subverting the forfeiture provisions can make the vehicle unsaleable or reduce its sale value by damaging it or stripping it of anything of value (including the very modifications that made it a 'hoon' vehicle). As the law now stands, this would not be an offence under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act or any other law, because the vehicle is not the property of another at the time it is damaged or interfered with - it belongs to the owner.

Once an order for forfeiture is made, and the property in the vehicle passes to the State, damage to it or interference with it may constitute an offence of damage to property or an offence of interference with a motor vehicle under the Criminal Law Consolidation Act 1935. Similarly, the sale or disposal of a vehicle after an order for forfeiture has been made may constitute the offence of theft under section 134 of the Criminal Law Consolidation Act 1935.

The Government proposes that section 14(2) be amended to prevent an owner subverting the forfeiture provisions. In addition to prohibiting sale or disposal of the motor vehicle, the notice will prohibit the owner intentionally damaging or altering the motor vehicle or causing or permitting another to damage or alter the vehicle.

These amendments will only apply to vehicles that are subject to forfeiture applications, not court imposed impounding, because although an owner might try to sell or dispose of his vehicle to avoid impoundment, there is nothing to be gained by deliberately damaging or interfering with it and there is no consequence of depriving the State of the proceeds of sale. There is no loss to the State because the State was never entitled to this money. The State is however entitled to proceeds from the sale of forfeited vehicles.

Furthermore, in allowing the court to impose additional penalties that reflect the loss to the State of the proceeds of sale when a vehicle is sold or disposed of in contravention of a prohibition notice, section 14(6) does not distinguish between notices issued in anticipation of forfeiture and notices issued in anticipation of impounding. That distinction is important and section 14(6) should not impose the additional penalty for contravention of a notice issued under section 14(2) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act when police intend to apply for an order to impound. This is because there is no loss to the State when a vehicle is impounded and damage is done before this occurs.

Therefore section 14(6) is proposed to be amended so that a court may impose an additional penalty that the owner pay an amount equivalent to the value of the vehicle or its depletion in value only in cases where the notice that was contravened was issued in anticipation of an application for forfeiture.

Another amendment to Part 4 will permit a relevant authority to enter any place to seize a vehicle, where it can be seen, without the necessity to obtain a warrant. Currently in searching for a vehicle subject to clamping or impounding, the relevant authority has the power to enter into a place occupied by an offender or alleged offender and using reasonable force, break into or open any garage or other structure in which the motor vehicle may be stored at that place. The Government is aware however of cases where alleged offenders deliberately move the vehicle to another residence or place to evade seizure. Where a vehicle is being stored at a place other than a place occupied by the offender, the relevant authority must either have consent to enter the premises (which is not always given) in order to seize the vehicle or apply to a Magistrate for a warrant under section 17 of the Act. Although a warrant can also be applied for by telephone, this is always not practicable.

This amendment authorises a relevant authority to seize a motor vehicle at any other place than those already prescribed in section 16(1), without the necessity of the consent of the property owner, where the vehicle is in plain sight, that is for example, on the front lawn, driveway or rear yard. The intention of this amendment extends to vehicles partially obscured within a garage or other like structure. Provided the vehicles can be positively identified as being the vehicle subject to seizure under this legislation, the relevant authority can seize the vehicle. Where access is obstructed for example due to a locked gate, the relevant authority will be authorised to break the lock to gain access. A warrant will still be required however in cases where the relevant authority suspects a vehicle is being stored, for example in a locked garage, but cannot positively confirm this by sight.

The final amendment to Part 4 introduces a new provision into section 18 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act to make it an offence for a person (other than a relevant authority) to interfere with an impounded motor vehicle, or any item or equipment in or on an impounded motor vehicle, while the motor vehicle remains in the custody of a relevant authority in accordance with the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act. The maximum penalty for this offence will be a fine of $2,500 or imprisonment for six months.

This amendment was necessary as a result of an incident in Mount Gambier where a forfeited vehicle was apparently damaged before it could be collected to be sold after the court ordered it to be forfeited under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007. This action may have been intended to subvert the penalty regime. Also in making the vehicle unsaleable, it deprived the State of proceeds of sale that would ordinarily be used to reimburse the expenses of SAPOL and the Sheriff, to pay credit providers who have sought relief and to pay the Victims of Crime Fund.

The Government has been made aware of the possibility that a registered owner may discover that their impounded vehicle is being stored in commercial parking premises and may try to drive the car away early by paying the car parking fee, or may remove items or accessories from the vehicle, later claiming they were stolen while the vehicle was in the custody of the State. This conduct may be a contempt of court but, except for making a false claim, is not an offence. It is proposed the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act should cover this conduct explicitly.

This amendment will ensure that those who engage in such behaviour will be prosecuted.

Amendments to method of disposal of vehicles

This amendment will allow the Commissioner of Police, on such grounds as the Commissioner thinks fit, to order the destruction of a vehicle that is not collected after two months from being due for release from police or court-ordered impoundment and to direct the Sheriff to destroy rather than sell a vehicle that has been forfeited by the court. The preference for disposal by public auction or public sale of a forfeited or uncollected impounded vehicle will remain, but will be subject to section 20(5) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007. Section 20(5) currently prescribes when a forfeited or impounded motor vehicle may be disposed of otherwise than by sale. The current provisions of section 20(5) will remain. If 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 if the motor vehicle has been offered for sale and was not sold, then the vehicle may be disposed of by means other than sale. However a third alternative will be introduced, empowering the Commissioner of Police to make a direction on such grounds as the Commissioner thinks fit to dispose of the vehicle other than by sale. The amendment gives the Commissioner an absolute discretion to make this decision. The Government is of the view that the Commissioner of Police is the most suitable authority to make such a decision.

Finally section 20(7) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 will be amended to clarify that if a motor vehicle is sold, destroyed or otherwise disposed of under section 20 of the Act, any interests in the vehicle that existed prior to the sale, destruction or disposal are extinguished; and any purchaser of a vehicle, or any part of the vehicle, acquires a good title.

Amendment to Summary Offences Act 1953

This is a related amendment to the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, as it seeks to introduce a new offence of misuse of a motor vehicle on private land into the Summary Offences Act 1953. It is intended that this offence will become a prescribed offence for the purposes of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.

The new offence will only apply to private land when the alleged offender has entered private land or is on private land without lawful excuse or without the consent of the owner or occupier of the place. The Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations will subsequently be amended to include this new offence as a prescribed offence in order to trigger the application of the clamping, impounding and forfeiture provisions.

As stated, the offence will cover a range of conduct that includes racing vehicles, operating a vehicle so as to produce a sustained wheel spin; driving a motor vehicle so as to cause engine or tyre noise, and driving a motor vehicle onto an area so as to break up the ground surface or cause damage. The maximum penalty for this offence will be a fine of $2,500. Provision is also made for compensation to be awarded for property damage upon conviction, where the court is satisfied that the offending caused damage.

The clamping, impounding and forfeiture provisions already apply to some prescribed offences when they are committed on private land because these offences can be committed anywhere. These are

the prescribed offence of driving dangerously so as to cause serious injury or death (s19A Criminal Law Consolidation Act 1935);

the prescribed offence of driving to escape pursuit, if members of the public are endangered (s19AC Criminal Law Consolidation Act 1935);

the prescribed offence of damage to property when it involves marking graffiti (s85 Criminal Law Consolidation Act 1935);

the prescribed offence of marking graffiti (s9 Graffiti Control Act 2001); and

the prescribed offence of failing to obey a police direction to cease emitting excessive amplified noise from a vehicle if the noise is excessive in being likely to 'unreasonably disturb persons in the vicinity of the vehicle' (s54 Summary Offences Act 1953).

This amendment would not extend the clamping, impounding and forfeiture to traffic offences that can be committed only on a road - that is, the conduct described in the prescribed offences of driving at excessive speed, reckless and dangerous driving, driving while under the influence of alcohol and driving with the prescribed concentration of alcohol or drugs (Road Traffic Act offences) and the offences of driving unregistered and driving while disqualified (Motor Vehicles Act offences). These have always been road-related offences, and to extend them to private land is beyond the scope of this proposal. That is the reason why the amendments are being made to the Summary Offences Act rather than the Road Traffic Act.

Summary

The Bill is designed to expand current impounding and forfeiture provisions so that they deter and punish hoon driving and similar antisocial crime more effectively.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

4—Amendment of section 3—Interpretation

A new class of prescribed offences called forfeiture offences is added for the purposes of the amendments to sections 11 and 12.

5—Amendment of section 5—Power to clamp or impound vehicle before proceedings finalised

Section 5 is amended to require owners to be alerted to the possibility of making an application to the Commissioner under section 8 for a determination bringing the clamping or impounding period to an end; to make a consequential amendment to subsection (5); and to make a minor clarifying amendment to subsection (6)(b).

6—Amendment of section 6—Period of clamping or impoundment

The period for which a vehicle is to be clamped or impounded is extended from 7 days to 28 days.

7—Amendment of section 7—Extension of clamping period

This clause makes a consequential amendment to section 7.

8—Amendment of section 8—Removal of clamps or release of impounded vehicle

This clause firstly, replaces subsection (1) to make it clear that an application for release of a motor vehicle from clamping or impounding under Part 2 (ie. police clamping or impounding) must be made during ordinary business hours after the end of the clamping or impounding period.

Secondly, the clause sets out grounds on which the Commissioner may choose to release a vehicle early. New subsection (2a)(a) and (b) reflect the grounds set out in section 13(1)(a) and (b) of the Act for the court to decline to make an order for forfeiture or impounding. These amendments expressly provide that an application cannot be made under subsection (2a) by the alleged offender and provide that if the Commissioner of Police has not determined an application within 8 days of its receipt, the Commissioner is deemed to have refused the application. The discretion of a relevant authority to release early that is currently set out in section 8(3) is consequently limited to release for administrative reasons.

Finally, the clause makes it clear that the relevant authority is not obliged to remove clamps or release a motor vehicle into the custody of a person unless satisfied that the person is entitled to custody of the motor vehicle (which is a defined term).

9—Amendment of section 11—Application of Part

This clause extends the application of the Part to conviction of a single forfeiture offence (an indictable offence of a kind prescribed by the regulations).

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

The amendments in this clause change the circumstances in which a court must order impounding or forfeiture of a motor vehicle on application by the prosecution. If a person is convicted of a single forfeiture offence, the order is to be for forfeiture. If a person has, within 12 months either before or after committing the offence of which he or she is convicted, committed or allegedly committed another prescribed offence of which he or she has been found guilty or paid an expiation fee, the order is to be for forfeiture. If a person has, within 10 years either before or after committing the offence of which he or she is convicted, committed or allegedly committed 2 or more other prescribed offences of which he or she has been found guilty or paid an expiation fee, the order is to be for forfeiture. If those circumstances do not apply but the person has, within 10 years either before or after committing the offence of which he or she is convicted, committed or allegedly committed 1 other prescribed offence of which he or she has been found guilty or paid an expiation fee, the order is to be for impounding. The period for which the vehicle can be impounded in this circumstance has been extended from 3 months to 6 months.

11—Amendment of section 14—Commissioner may give notice prohibiting sale or disposal of vehicle

This clause amends section 14 to include, in the notice served on owners under that section, a prohibition on intentionally damaging or altering the vehicle (or causing or permitting another to do so) where the Commissioner reasonably believes that a forfeiture application may be made on conviction of a person for the relevant offence and makes other consequential changes to the clause.

12—Amendment of section 16—Seizure

Section 16 is amended to allow seizure of a motor vehicle without consent or a warrant where it can be seen that the motor vehicle is at a particular place and to allow the temporary affixing of clamps or another locking device to a vehicle in order to secure it until it can be seized and moved.

13—Amendment of section 17—Warrants for seizure etc

This clause makes a consequential amendment to section 17.

14—Amendment of section 18—Offences

This clause inserts a new offence of interfering with an impounded motor vehicle while it is in the custody of a relevant authority. The penalty for the offence is $2,500 or imprisonment for 6 months.

15—Amendment of section 20—Disposal of vehicles

This clause amends section 20 to allow the disposal of a forfeited or uncollected impounded vehicle by destruction or another method where the Commissioner of Police thinks fit.

16—Amendment of section 21—Credit provider may apply to Magistrates Court for relief

This clause makes a consequential amendment to section 21.

Schedule 1—Related amendments and transitional provision

The Schedule makes a related amendment to the Summary Offences Act 1953 to insert a new offence of misuse of a motor vehicle on private land (in similar terms to the offence, currently in the Road Traffic Act 1961, applying to roads and road related areas). The penalty for the offence is a maximum fine of $2,500.

The transitional provision in the Schedule provides that the amendments to sections 20 and 21 apply to motor vehicles impounded or forfeited before or after commencement of the amendments.

Debate adjourned on motion of Hon. D.W. Ridgway.

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