{"id":"criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022","name":"Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022","slug":"criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235334,"registerId":"sa-criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022","content":"South Australia\nCriminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022\nunder the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tForfeiture offences\n5\tPrescribed offences\n6\tPrescribed circumstances\n7\tPrescribed forms\n8\tSale or disposal of motor vehicles\n9\tService of notices\nSchedule 1—Prescribed forms\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022.\n3—Interpretation\nIn these regulations—\nAct means the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.\n4—Forfeiture offences\nFor the purposes of the definition of forfeiture offence in section 3(1) of the Act, indictable offences against Part 3 Division 6 of the Criminal Law Consolidation Act 1935 are prescribed.\n5—Prescribed offences\nFor the purposes of the definition of prescribed offence in section 3(1) of the Act, the following offences are prescribed:\n\t(a)\tan aggravated offence against section 45 of the Road Traffic Act 1961;\n\t(b)\tan offence against section 44B, 45A, 46, 47, 47B, 47BA, 47E(3), 47E(3a), 47EAA(9), 47EAA(9a) or 47I of the Road Traffic Act 1961;\n\t(c)\tan offence against section 17AA or 54 of the Summary Offences Act 1953;\n\t(d)\tan offence against section 9 of the Graffiti Control Act 2001;\n\t(e)\tan offence against section 85 of the Criminal Law Consolidation Act 1935 if the offence involves the marking of graffiti;\n\t(f)\tan offence against section 9 or 102 of the Motor Vehicles Act 1959 (other than a first offence against either of those sections);\n\t(g)\tan offence against section 74(2), 74(2a), 74(2ab), 74(2ac) or 91(5a) of the Motor Vehicles Act 1959.\n6—Prescribed circumstances\nThe following circumstances in which a motor vehicle is used by a person are prescribed for the purposes of sections 8(2)(a) and 11(c)(i) of the Act:\n\t(a)\tthe motor vehicle is being used by the person (not being the owner of the motor vehicle) in accordance with a contractual arrangement with the owner of the motor vehicle, other than a contractual arrangement that confers on the person an express or implied right or option to purchase the motor vehicle; and\n\t(b)\tthe owner of the motor vehicle is a person who carries on a business that consists of, or involves, hiring or otherwise supplying motor vehicles to others for business or personal use.\nExamples—\nA person visiting South Australia on holiday hires a car from a car hire company to use while in the State. While that person is driving the car in accordance with the hire contract, the car is being used in circumstances prescribed by this regulation.\nA taxi driver drives a taxi that is owned, not by the driver, but by the taxi company for whom the driver works. While the taxi driver is using the taxi in accordance with their employment contract, the taxi is being used in circumstances prescribed by this regulation.\n7—Prescribed forms\n\t(1)\tFor the purposes of section 14(1) of the Act, the notice set out in Schedule 1 Form 1 is prescribed.\n\t(2)\tFor the purposes of section 14(2) of the Act, the notice set out in Schedule 1 Form 1 is prescribed.\n\t(3)\tFor the purposes of section 15(1) of the Act—\n\t(a)\tif the relevant authority giving the notice is a police officer—the notice set out in Schedule 1 Form 1 is prescribed; or\n\t(b)\tif the relevant authority giving the notice is the Sheriff or a person authorised by the Sheriff to exercise the powers of a relevant authority—the notice set out in Schedule 1 Form 2 is prescribed.\n8—Sale or disposal of motor vehicles\nFor the purposes of exercising a power to sell a motor vehicle under section 20 of the Act, the Sheriff or the Commissioner may—\n\t(a)\tset a reserve price for the motor vehicle; and\n\t(b)\tmove the motor vehicle to another location within the State.\n9—Service of notices\nIn accordance with section 23(1)(d) of the Act, a notice required or authorised to be given to, or served on, a person for the purposes of the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.\nSchedule 1—Prescribed forms\nForm 1\t\nTo the owner of the following motor vehicle:\nRegistration No:\nDescription:\nIt is alleged that a relevant prescribed offence occurred as follows:\nDate:\nTime:\nLocation:\nNotice under section 14 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\nYou are prohibited from—\n\t☐\tselling or disposing of the motor vehicle\n\t☐\tintentionally damaging or altering the motor vehicle or causing or permitting another person to damage or alter the motor vehicle\nThe prohibition continues until—\n\t☐\tthe power under Part 2 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 to clamp or impound has been exercised in relation to the relevant prescribed offence\n\t☐\tproceedings relating to the relevant prescribed offence have been finalised\nIt is an offence to contravene the prohibitions specified in this notice.\nNotice under section 15 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\nYou are required to produce the motor vehicle—\nBetween the hours of:\nOn:\nAt:\nIf you are unable to do so, you must contact SAPOL during business hours before that day on the following number to arrange another time:\nThe motor vehicle is to be produced for the purpose of a relevant authority exercising a power under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 in relation to the motor vehicle.\nIt is an offence to refuse or fail to comply with this notice without reasonable excuse.\nIssuing police officer's ID number:\nForm 2\t\nNotice under section 15 of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\nTo the owner of the following motor vehicle:\nRegistration No:\nDescription:\nAn order for impounding or forfeiture of the motor vehicle has been made as follows:\nCourt:\nName and number of proceedings:\nDate:\nYou are required to produce the motor vehicle—\nBetween the hours of:\nOn:\nAt:\nIf you are unable to do so, you must contact the Sheriff's office during business hours before that day on the following number to arrange another time:\nThe motor vehicle is to be produced for the purpose of a relevant authority exercising a power under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 in relation to the motor vehicle.\nIt is an offence to refuse or fail to comply with this notice without reasonable excuse.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022 revoked the following:\nCriminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2022\n58\nGazette 28.7.2022 p2379 \n1.9.2022:  r 2 \n2022\n95\nGazette 3.11.2022 p6556\n13.2.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n13.2.2023\nr 5\namended by 95/2022 r 3\n13.2.2023\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n13.2.2023\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Scope has changed since the principal delegated instrument: the 2022 Regulations revoked the 2007 regulations (Legislative history) and reg 5 (the list of prescribed offences) was amended by instrument 95/2022 effective 13.2.2023. The amendment note indicates the set of offences that can trigger clamping, impounding or forfeiture was altered; r2 and Sch 2 were also omitted on 13.2.2023, showing further technical scope adjustments."},"complexity_factors":["Cross-reference complexity: the regs depend on multiple external Acts and sections (Road Traffic Act 1961, Motor Vehicles Act 1959, Summary Offences Act 1953, Graffiti Control Act 2001, Criminal Law Consolidation Act 1935) — see regs 4–5.","Granular prescribed-offences list requiring reading many specific sections to determine applicability (reg 5).","Fact-sensitive owner/user carve-outs that change enforcement exposure depending on contract or business ownership (reg 6; examples in reg 6).","Prescribed, different notice forms and procedural pathways depending on which authority issues a notice (reg 7; Schedule 1 Forms 1–2), increasing compliance detail.","Operational discretion for disposal: Sheriff or Commissioner may set a reserve price and move vehicles within the State when selling (reg 8), creating enforcement and commercial decision points.","Service rules tie into Commonwealth Corporations Act procedures for companies, adding procedural layers for corporate owners (reg 9).","Direct compliance burdens and criminal sanctions for refusing production or contravening prohibitions are embedded in the prescribed forms and notices (Schedule 1; reg 7).","Recent amendment and repeal history means practitioners must track changes to scope (legislative history; r5 amended by 95/2022)."],"plain_english_summary":"These Regulations specify which criminal and traffic offences allow authorities to clamp, impound or forfeit vehicles, set when a non‑owner’s use (for example a hire or taxi arrangement) is treated as covered, prescribe standard notice forms and production requirements, and allow the Sheriff or Commissioner to set reserve prices and relocate vehicles for sale. They affect vehicle owners, hirers, drivers, police and the Sheriff by defining enforcement powers, notice procedures and the compliance and financial risks of seizure and disposal."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the 2007 Act by prescribing specific offences, circumstances, forms and administrative procedures. The 2022 version appears to be a consolidation/revocation of the 2007 regulations with minor updates (notably to regulation 5 regarding prescribed offences), rather than an expansion of scope."},"complexity_factors":["Only 9 substantive regulations plus a schedule of forms","Minimal defined terms (only 'Act' is defined in regulation 3)","Straightforward list-based structure prescribing offences by cross-reference to other Acts","Simple conditional logic limited to distinguishing between police officer vs Sheriff-issued notices in regulation 7","Two standard form templates in Schedule 1 with tick-box format","No nested exceptions or complex temporal provisions","Heavy reliance on external legislation (Criminal Law Consolidation Act, Road Traffic Act, etc.) but without complex integration mechanisms"],"plain_english_summary":"These regulations set out the practical details for how South Australia can clamp, impound, or permanently seize (forfeit) vehicles used in serious crimes. They work alongside the main 2007 Act of the same name.\n\n**What the regulations do:**\n\n*   **Define which crimes trigger vehicle seizure:** They list specific offences that allow police or the Sheriff to take action against a vehicle — including serious driving offences (like aggravated dangerous driving), hoon driving, graffiti offences, and certain vehicle registration/insurance frauds.\n*   **Protect hire cars and company vehicles:** They specify that when someone hires a car (like a tourist renting a vehicle) or drives a company car (like a taxi), the owner (the hire company or taxi operator) gets special protections. The law recognises the driver isn't the owner.\n*   **Set the paperwork:** They prescribe the exact forms police and the Sheriff must use when telling owners their vehicle is being targeted — including notices that ban owners from selling or damaging the vehicle, and orders requiring them to hand it over.\n*   **Allow sale of seized vehicles:** They give the Sheriff or Police Commissioner power to set reserve prices and move vehicles to different locations before selling them.\n*   **Cover company ownership:** They allow notices to be served on companies using the standard Commonwealth corporations rules.\n\n**Who it affects:**\n\n*   People who commit serious driving offences or use vehicles in crimes like graffiti\n*   Car rental companies and businesses that supply vehicles to employees\n*   Police and the Sheriff's Office who administer the seizures\n\n**Why it matters:**\n\nThese rules ensure there's a clear, fair process for taking vehicles off the road when they're used in dangerous or criminal activity, while protecting innocent business owners who weren't driving."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. No content was available to compare against original legislative intent."},"complexity_factors":["No substantive legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation sets out rules governing when and how vehicles may be clamped, impounded, or forfeited — affecting drivers and registered owners who may face immobilisation, removal, or permanent loss of a vehicle for specified offences.  \n\nIt matters to anyone who drives in SA because it defines procedural powers for enforcement agencies and the practical consequences (loss of use or ownership) following serious traffic or related criminal conduct."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022","history":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022/history","analysis":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022/analysis","conflicts":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022/conflicts","importantCases":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022/important-cases","documents":"/api/acts/criminal-law-clamping-impounding-and-forfeiture-of-vehicles-regulations-2022/documents"}}