South Australian Numbered Acts South Australian Numbered Acts11—Amendment of section 14—Commissioner may give notice
prohibiting sale or disposal of vehicle
(1)
Section 14(1)—delete "the sale or disposal" and substitute:
any owner of the motor vehicle from selling or disposing
(2)
Section 14(2)—delete the subsection and substitute:
(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,
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 any owner of the
motor vehicle—
(c) if
the Commissioner reasonably believes that, if the person were convicted of the
offence, an application could be made under Part 3 for forfeiture of the
motor vehicle—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; or
(d) in
any other case—from selling or disposing of the motor vehicle,
until proceedings relating to the offence have been finalised.
(3)
Section 14(4)—delete the subsection and substitute:
(4) If a notice has
been served on an owner of a motor vehicle under this section, any owner of
the motor vehicle who contravenes the prohibitions specified in the notice is
guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(4)
Section 14(6)—delete the subsection and substitute:
(6) If—
(a) a
person is found guilty by a court of an offence against subsection (4);
and
(b) the
notice in relation to which the offence was committed was a notice described
in subsection (2)(c); and
(c) the
court is provided with evidence of—
(i)
where the offence involved the sale or disposal of the
motor vehicle—the value of the motor vehicle; or
(ii)
where the offence involved damage to or alteration of the
motor vehicle—the difference between the value of the motor vehicle
before the damage or alteration and its value after the damage or alteration,
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 specified in paragraph (b)(i) or
the difference in value specified in paragraph (b)(ii) (as the case may
require).
(5)
Section 14—after subsection (10) insert:
(11) An alteration to
a motor vehicle that has no effect on the value of the motor vehicle, or that
enhances the value of the motor vehicle, will not be taken to be an alteration
to the motor vehicle for the purposes of a notice under this section.