South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 202

202—Procedure if person objects to proposed destruction or disposal

        (1)         If an objection to a proposed destruction or disposal of controlled property has been made, the Administrator may apply to the court that made the restraining order covering the controlled property for an order that the Administrator may destroy or dispose of the property.

        (2)         The court may make an order to destroy the controlled property if—

            (a)         it is in the public interest to do so; or

            (b)         it is required for the health or safety of the public.

        (3)         In determining whether it is in the public interest to destroy the controlled property, the court may take into account—

            (a)         the use to which the property would be put if it were sold; and

            (b)         whether the cost of restoring the property to a saleable condition would exceed its realisable value; and

            (c)         whether the cost of sale would exceed its realisable value; and

            (d)         whether the sale of the property would otherwise be legal; and

            (e)         any other matter the court thinks fit.

        (4)         The court may make an order to dispose of the controlled property if, in the court's opinion—

            (a)         the property is likely to lose value; or

            (b)         the cost of controlling the property until it is finally dealt with by the Administrator is likely to exceed, or represent a significant proportion of, the value of the property when it is finally dealt with.

        (5)         The court may also order—

            (a)         that a specified person bear the costs of controlling the controlled property until it is finally dealt with by the Administrator; or

            (b)         that a specified person bear the costs of an objection to a proposed destruction or disposal of the property.