ktlight
14th June 2011, 11:07
FYI:
FAMILIES risk having their cars crushed by poorly written State Government laws, a lawyer claims.
The Adelaide Magistrates Court yesterday heard the Clamping, Impounding and Forfeiture of Vehicles Act - part of the the anti-hoon laws - was too broad and needed urgent re-drafting.
Lawyer Paul Simionato said police had the power to impound almost any vehicle, not just those used in offences.
"The scariest thing about this law is police aren't restricted to impounding the car being driven at the time of the offences," he said.
"If I was caught speeding in a $2000 Commodore, but also had a $150,000 Lexus parked in my carport, the law gives police the power to apply to take the more expensive vehicle. The vast majority of people going before the courts right now for this are normal people, not hoons . . . this law is not doing what it was designed to do."
Opposition and independent MPs agreed, accusing the Government of "writing laws by press release".
The RAA, meanwhile, supported "a revisit" of the law, fearing it had been "watered down" from its original intent.
Yesterday, Susan Jane Henderson and her partner, Charlie Lipari, appeared in court. Police had applied to impound Ms Henderson's car because Mr Lipari had been caught driving it while unregistered and uninsured.
That made them subject to the Act, which gives police the right to seek to impound and crush the vehicle of persons who commit three driving, graffiti or trespass offences in 10 years.
At the time of its 2009 introduction, the Government said the law would ensure "highly powered, highly modified" cars would be crushed.
In December, The Advertiser reported 62 cars had been impounded but none crushed.
In court, police said Mr Lipari's driving activated the law, but Ms Henderson was liable for his conduct because she owned the car.
Magistrate Alfio Grasso refused to grant the impounding application. He said the issue should have been dealt with last year, when Mr Lipari was fined for his offence, not pursued separately.
Outside court, Mr Simionato - who represented the couple - said the "flawed" legislation must be re-written.
Independent MLC Robert Brokenshire said: "Populist law, as against professional law-making, is a constant problem with this Government."
Opposition legal affairs spokesman Stephen Wade said the Government valued media coverage more than justice.
Attorney-General John Rau said he would seek police advice "about this particular case".
source
http://www.adelaidenow.com.au/news/south-australia/call-to-rewrite-hoon-laws/story-e6frea83-1226033996284
FAMILIES risk having their cars crushed by poorly written State Government laws, a lawyer claims.
The Adelaide Magistrates Court yesterday heard the Clamping, Impounding and Forfeiture of Vehicles Act - part of the the anti-hoon laws - was too broad and needed urgent re-drafting.
Lawyer Paul Simionato said police had the power to impound almost any vehicle, not just those used in offences.
"The scariest thing about this law is police aren't restricted to impounding the car being driven at the time of the offences," he said.
"If I was caught speeding in a $2000 Commodore, but also had a $150,000 Lexus parked in my carport, the law gives police the power to apply to take the more expensive vehicle. The vast majority of people going before the courts right now for this are normal people, not hoons . . . this law is not doing what it was designed to do."
Opposition and independent MPs agreed, accusing the Government of "writing laws by press release".
The RAA, meanwhile, supported "a revisit" of the law, fearing it had been "watered down" from its original intent.
Yesterday, Susan Jane Henderson and her partner, Charlie Lipari, appeared in court. Police had applied to impound Ms Henderson's car because Mr Lipari had been caught driving it while unregistered and uninsured.
That made them subject to the Act, which gives police the right to seek to impound and crush the vehicle of persons who commit three driving, graffiti or trespass offences in 10 years.
At the time of its 2009 introduction, the Government said the law would ensure "highly powered, highly modified" cars would be crushed.
In December, The Advertiser reported 62 cars had been impounded but none crushed.
In court, police said Mr Lipari's driving activated the law, but Ms Henderson was liable for his conduct because she owned the car.
Magistrate Alfio Grasso refused to grant the impounding application. He said the issue should have been dealt with last year, when Mr Lipari was fined for his offence, not pursued separately.
Outside court, Mr Simionato - who represented the couple - said the "flawed" legislation must be re-written.
Independent MLC Robert Brokenshire said: "Populist law, as against professional law-making, is a constant problem with this Government."
Opposition legal affairs spokesman Stephen Wade said the Government valued media coverage more than justice.
Attorney-General John Rau said he would seek police advice "about this particular case".
source
http://www.adelaidenow.com.au/news/south-australia/call-to-rewrite-hoon-laws/story-e6frea83-1226033996284