South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 123

123—Property subject to a person's effective control

        (1)         If—

            (a)         a person is subject to a confiscation order made by a court under this Part; and

            (b)         the DPP applies to the court for an order under this section; and

            (c)         the court is satisfied that particular property is subject to the effective control of the person,

the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the confiscation order.

        (2)         An order under subsection (1) may be enforced against the property as if the property were the person's property.

        (3)         A restraining order may be made in respect of the property as if—

            (a)         the property were the person's property; and

            (b)         the person had committed a serious offence.

        (4)         The DPP must, on applying for an order under subsection (1) relating to particular property, give written notice of the application to—

            (a)         the person who is subject to the confiscation order; and

            (b)         a person whom the DPP has reason to believe may have an interest in the property.

        (5)         The person who is subject to the confiscation order, and any person who claims an interest in the property, may appear and adduce evidence at the hearing of the application.

Subdivision 5—Effect of acquittals and quashing of convictions