South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 187

187—Effect of obtaining restraining orders

        (1)         If—

            (a)         material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and

            (b)         but for this subsection, the responsible custodian of the material would be required to arrange for the material to be returned to a person as soon as practicable after the end of a particular period; and

            (c)         before the end of that period, a restraining order is made covering the material,

then—

            (d)         if the restraining order directs the Administrator to take custody and control of the material—the responsible custodian must arrange for the material to be given to the Administrator in accordance with the restraining order; or

            (e)         if the court that made the restraining order has made an order under subsection (3) in relation to the material—the responsible custodian must arrange for the material to be kept until it is dealt with in accordance with another provision of this Act.

        (2)         If—

            (a)         material liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and

            (b)         a restraining order is made in relation to the material; and

            (c)         at the time when the restraining order is made, the material is in the possession of the responsible custodian,

the responsible custodian of the material may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the material.

        (3)         The court may, if satisfied that there are reasonable grounds for believing that the material may afford evidence as to the commission of an offence, make an order that the responsible custodian may retain the material for so long as the material is required as evidence as to the commission of that offence.

        (4)         A witness who is giving evidence relating to an application for an order under subsection (2) is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.