South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 107

107—Reducing penalty amounts to take account of forfeiture and proposed forfeiture

        (1)         If a pecuniary penalty order relates to benefits derived from the commission of a serious offence, the penalty amount under the order is reduced by an amount equal to the value, at the time of the making of the order, of any property that is proceeds of the serious offence if—

            (a)         the property has been forfeited, under this Act or any other law, in relation to the offence to which the order relates; or

            (b)         an application has been made for a forfeiture order that would cover the property.

        (2)         If a pecuniary penalty order relates to instruments of a serious offence, the penalty amount under the order is reduced by an amount equal to the value, at the time of making the order, of any instruments of the offence if—

            (a)         the instruments have been forfeited, under this Act or any other law, in relation to the offence to which the order relates; or

            (b)         an application has been made for a forfeiture order that would cover the instruments.