South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 111

111—Making literary proceeds orders

        (1)         A court may, on application by the DPP, make an order (a "literary proceeds order") requiring a person to pay an amount to the Crown if the court is satisfied that the person—

            (a)         has committed a serious offence (whether or not the person has been convicted of the offence); and

            (b)         has derived literary proceeds in relation to the offence.

        (2)         For the purposes of this section, the literary proceeds must have been derived after the commencement of this Act.

        (3)         More than one literary proceeds order may be made against a person in relation to the same serious offence.

        (4)         The court's power to make a literary proceeds order in relation to a serious offence is not affected by the existence of another confiscation order in relation to the offence.

        (5)         A person who would be subject to a literary proceeds order if it were made may appear and adduce evidence at the hearing of the application.