Section 12(1)(a)(iii) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA) is invalid as inconsistent with the Kable principle because it requires courts to impose a substantial additional penalty at the prosecution's dictate after final sentencing, with no meaningful adjudicative function. The qualifying offences provisions of the Act operate retrospectively by virtue of s 10, so offences need only be of a prescribed kind at the date of the forfeiture application, not at the time of their commission.
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