[BIL065-B.HAL]

House of Assembly—No. 28

[As laid on the table and read a first time, 10 July 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of Hon. R. Brokenshire, M.P.]

SUMMARY OFFENCES (MISUSE OF MOTOR VEHICLES) AMENDMENT BILL 2002

A Bill For

An Act to amend the Summary Offences Act 1953; and to make consequential amendments to the South Australian Motor Sport Act 1984.

[OPC-H41]

SUMMARY OF PROVISIONS

1.Short title

2.Commencement

3.Insertion of Part 11

PART 11

MISUSE OF MOTOR VEHICLES

58C.Interpretation

58D.Misuse of a motor vehicle

58E.Orders for impounding of vehicle, etc. on conviction of misuse of motor vehicle offence

58F.Notification of impounding

58G.Release of motor vehicle on application to court

58H.Safe keeping of motor vehicles

58I.Disposal of motor vehicles

58J.Evidentiary

4.Further amendments to principal Act

5.Consequential amendment to South Australian Motor Sport Act 1984

SCHEDULE

Further Amendments to Principal Act

The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Summary Offences (Misuse of Motor Vehicles) Amendment Act 2002.

(2) The Summary Offences Act 1953 is referred to in this Act as "the principal Act".

Commencement

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

Insertion of Part 11

3. The following Part is inserted after section 58B of the principal Act:

PART 11

MISUSE OF MOTOR VEHICLES

Interpretation

58C. (1) In this Part—

"dangerous driving offence" means—

(a)an offence against section 46 of the Road Traffic Act 1961; or

(b)an offence against section 19A of the Criminal Law Consolidation Act 1935;

"misuse of motor vehicle offence" means—

(a)an offence against section 58D(3); or

(b)a dangerous driving offence involving the misuse of a motor vehicle;

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

"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.

(2) In determining whether an offence is a first or subsequent offence for the purposes of this Part—

(a)a previous offence against section 58D(3) that the defendant has expiated or for which the defendant has been convicted; or

(b)a dangerous driving offence for which the defendant has been convicted,

will be taken into account, but only if the date of commission of the offence or, in the case of an offence that has been expiated, the alleged date of commission of the offence was within the period of five years immediately preceding the commission of the offence under consideration.

Misuse of a motor vehicle

58D. (1) A person misuses a motor vehicle for the purposes of this Part if the person—

(a)drives a motor vehicle, in a public place, in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or

(b)operates a motor vehicle in a public place so as to produce sustained wheel spin; or

(c)drives a motor vehicle in a public place so as to cause engine or tyre noise, or both, that disturbs persons residing or working in the vicinity; or

(d)drives a motor vehicle onto an area of park or garden (whether public or private) so as to break up the ground surface or cause other damage.

(2) However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if the conduct is engaged in a place with the consent of the owner or occupier of the place or the person who has the care control and management of the place.

(3) A person who misuses a motor vehicle is guilty of an offence.

Maximum penalty:$2 500.

Expiation fee:$500.

(4) If a court convicts a person of an offence against subsection (3) that is a subsequent offence, the court may order that the person be disqualified from holding or obtaining a driver's licence for a period not exceeding six months.

(5) A disqualification under subsection (4) operates to cancel the person's driver's licence as from the commencement of the period of disqualification.

Orders for impounding of vehicle, etc. on conviction of misuse of motor vehicle offence

58E. (1) Subject to this section, if a court convicts a person of a misuse of motor vehicle offence that is a subsequent offence, the court may order that the motor vehicle involved in the offence be impounded for a period not exceeding six months.

(2) However, the court must not make an order for the impounding of a motor vehicle unless the person convicted was an owner of the motor vehicle at the time of the offence.

(3) An order under this section is in addition to any other penalty that may be imposed for the offence concerned.

(4) If, on conviction of a person, the court makes an order for the impounding of a motor vehicle under this section, the court must also order that—

(a)the person deliver up possession of the motor vehicle to the Commissioner in a manner and within a period specified in the order; and

(b)the person pay the fees prescribed by regulation in relation to the storage of the motor vehicle.

(5) An order under this section is enforceable under the Enforcement of Judgments Act 1991.

Notification of impounding

58F. (1) If a motor vehicle is impounded under this Part, the Commissioner must, within five clear business days after the impounding—

(a)—

(i)if there is a current registered owner of the motor vehicle—give notice to the registered owner; or

(ii)if there is not a current registered owner of the motor vehicle—give notice to the last registered owner and publish a notice in a newspaper circulating generally in the State; and

(b)give notice to any holder of a registered security interest in the motor vehicle under the Goods Securities Act 1986.

(2) A notice under this section must—

(a)be in the prescribed form; and

(b)give details of the motor vehicle; and

(c)specify the date on which, and court at which, the order for impounding was made and the date of impounding of the motor vehicle; and

(d)summarise the provisions of this Part with respect to the release and disposal of impounded motor vehicles.

(3) A notice may be given under this section personally or by post.

(4) In this section—

"business day" means any day except a Saturday or a Sunday or other public holiday within the meaning of the Holidays Act 1910.

Release of motor vehicle on application to court

58G. (1) An application may be made to the relevant court for an order directing the Commissioner to release a motor vehicle impounded under this Part into the applicant's custody.

(2) The Commissioner is a party to proceedings on an application under this section.

(3) The relevant court may only make an order under this section if the court is satisfied that, unless such an order is made, the applicant or his or her dependants will suffer undue hardship.

(4) The relevant court may, when ordering the release of a motor vehicle under this section—

(a)vary or quash the order for impounding of the motor vehicle; and

(b)make any consequential or ancillary order (including an order as to costs) or direction that it considers necessary or expedient in the circumstances of the case.

(5) A person to whom a motor vehicle is released under this section must give the Commissioner a signed written acknowledgment of receipt of the motor vehicle.

(6) In this section—

"relevant court" means the court in which the order for impounding of the motor vehicle was made.

Safe keeping of motor vehicles

58H. The Commissioner has (in the Commissioner's official capacity) a duty to take all reasonable steps to secure an impounded motor vehicle against theft or damage while impounded.

Disposal of motor vehicles

58I. (1) If a motor vehicle that has been impounded under this Part is not collected by a person legally entitled to possession of the motor vehicle within three months of the motor vehicle ceasing to be liable to be so impounded, the Commissioner may sell the motor vehicle.

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

(3) An impounded motor vehicle may be disposed of otherwise than by sale if the Commissioner 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.

(4) If an impounded motor vehicle offered for sale is not sold, the Commissioner may dispose of the vehicle otherwise than by sale.

(5) The proceeds of any such sale must, after deduction of the costs of the sale and any fees payable to the Commissioner in respect of the storage of the motor vehicle, be dealt with in accordance with section 7A of the Unclaimed Moneys Act 1891 as money the owner of which cannot be found.

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

Evidentiary

58J. (1) A 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 Part as proof that the person is an owner of the motor vehicle in the absence of proof to the contrary.

(2) An apparently genuine document purporting to be a certificate of the Commissioner of Police and to certify the amount of a fee payable by a person in relation to a motor vehicle under the regulations must be accepted in any proceedings as proof of the matters so certified in the absence of proof to the contrary.

Further amendments to principal Act

4. The principal Act is further amended as set out in the Schedule.

Consequential amendment to South Australian Motor Sport Act 1984

5. The South Australian Motor Sport Act 1984 is amended by striking out subsection (1a) of section 25 and substituting the following subsection:

(1a) The provisions of—

(a)the Road Traffic Act 1961; and

(b)the Motor Vehicles Act 1959; and

(c)section 58D of the Summary Offences Act 1953,

do not apply to or in relation to a vehicle or its driver while the vehicle is being driven in a motor sport event within the declared area and during the declared period for that event.

SCHEDULE

Further Amendments to Principal Act

Insertion of heading

1. The following heading is inserted immediately before section 1 of the principal Act:

PART 1

PRELIMINARY

Substitution of heading

2. The heading appearing immediately before section 6 of the principal Act is repealed and the following heading is substituted:

PART 2

ASSAULTING AND HINDERING POLICE

Substitution of heading

3. The heading appearing immediately before section 7 of the principal Act is repealed and the following heading is substituted:

PART 3

OFFENCES AGAINST PUBLIC ORDER

Substitution of heading

4. The heading appearing immediately after section 21 of the principal Act is repealed and the following heading is substituted:

PART 4

TATTOOING ETC.

Substitution of heading

5. The heading appearing immediately before section 22 of the principal Act is repealed and the following heading is substituted:

PART 5

OFFENCES AGAINST DECENCY AND MORALITY

Substitution of heading

6. The heading appearing immediately before section 27 of the principal Act is repealed and the following heading is substituted:

PART 6

BROTHELS

Substitution of heading

7. The heading appearing immediately before section 33 of the principal Act is repealed and the following heading is substituted:

PART 7

INDECENT OR OFFENSIVE MATERIAL

Substitution of heading

8. The heading appearing immediately after section 35 of the principal Act is repealed and the following heading is substituted:

PART 8

FRAUD, UNLAWFUL POSSESSION, ETC.

Substitution of heading

9. The heading appearing immediately before section 43 of the principal Act is repealed and the following heading is substituted:

PART 9

OFFENCES WITH RESPECT TO PROPERTY

Substitution of heading

10. The heading appearing immediately before section 50 of the principal Act is repealed and the following heading is substituted:

PART 10

NUISANCES AND ANNOYANCES

Substitution of heading

11. The heading appearing immediately before section 59 of the principal Act is repealed and the following heading is substituted:

PART 12

CONTROL OF TRAFFIC ON SPECIAL OCCASIONS

Substitution of heading

12. The heading appearing immediately before section 61 of the principal Act is repealed and the following heading is substituted:

PART 13

BRIBERY OF POLICE

Substitution of heading

13. The heading appearing immediately before section 62 of the principal Act is repealed and the following heading is substituted:

PART 14

FALSE REPORTS TO POLICE

Substitution of heading

14. The heading appearing immediately before section 65 of the principal Act is repealed and the following heading is substituted:

PART 15

PROCEEDINGS BY COUNCILS FOR CERTAIN OFFENCES

Substitution of headings

15. The two headings appearing before section 67 of the principal Act are repealed and the following heading is substituted:

PART 16

POLICE POWERS OF ENTRY, SEARCH, ETC.

Substitution of heading

16. The heading appearing immediately before section 74C of the principal Act is repealed and the following heading is substituted:

PART 17

RECORDING OF INTERVIEWS

Substitution of heading

17. The heading appearing immediately before section 75 of the principal Act is repealed and the following heading is substituted:

PART 18

ARREST

Substitution of heading

18. The heading appearing immediately before section 83A of the principal Act is repealed and the following heading is substituted:

PART 19

RIGHT TO AN INTERPRETER

Substitution of heading

19. The heading appearing immediately before section 83B of the principal Act is repealed and the following heading is substituted:

PART 20

MISCELLANEOUS

By Authority: J. D. Ferguson, Government Printer, South Australia