South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 113

113—Determining literary proceeds amounts

        (1)         The amount that a person is ordered to pay under a literary proceeds order (the "literary proceeds amount") is the amount that the court thinks appropriate.

        (2)         However, the amount must not exceed the amount of the literary proceeds relating to the serious offence to which the order relates, less any deductions or reductions arising under section 114 or section 121.

        (3)         In determining the amount, the court is to have regard to any matters it thinks fit, including—

            (a)         the amount of the literary proceeds relating to the serious offence; and

            (b)         if the person stood trial for the serious offence—the evidence adduced in the proceedings for the offence; and

            (c)         if the person was convicted of the serious offence—the transcript of the sentencing proceedings.



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