South Australian Current Acts South Australian Current Acts204—Direction by a court to the Administrator
(1) A court that makes
a pecuniary penalty order or literary proceeds order may, in the order, direct
the Administrator to pay the Crown, out of property that is subject to a
restraining order, an amount equal to—
(a) the
penalty amount under a pecuniary penalty order; or
(b) the
amount to be paid under a literary proceeds order,
if—
(c) the
order is made against a person in relation to one or more serious offences;
and
(d) the
restraining order has already been made against that person in relation to the
serious offence or one or more of the serious offences, or in relation to one
or more related offences.
(2) A court that makes
a restraining order may, in the order, direct the Administrator to pay the
Crown, out of property that is subject to a restraining order, an amount equal
to—
(a) the
penalty amount under a pecuniary penalty order; or
(b) the
amount to be paid under a literary proceeds order,
if—
(c) the
pecuniary penalty order or literary proceeds order has been made against a
person in relation to one or more serious offences; and
(d) the
restraining order is subsequently made—
(i)
against the person in relation to the serious offence or
one or more of the serious offences; or
(ii)
against property of another person in relation to which
an order is in force under section 123(1).
(3) A court that made
a pecuniary penalty order, a literary proceeds order or a restraining order
may, on the application of the DPP, direct the Administrator to pay the Crown,
out of property that is subject to a restraining order, an amount equal
to—
(a) the
penalty amount under a pecuniary penalty order; or
(b) the
amount to be paid under a literary proceeds order,
if—
(c) the
pecuniary penalty order or literary proceeds order has been made against a
person in relation to one or more serious offences; and
(d) the
restraining order has been made—
(i)
against the person in relation to the serious offence or
one or more of the serious offences; or
(ii)
against property of another person in relation to which
an order is in force under section 123(1).
(4) For the purposes
of enabling the Administrator to comply with a direction given by a court
under this section, a court may, in the order in which the direction is given
or by a subsequent order—
(a)
direct the Administrator to sell or otherwise dispose of such of the property
that is subject to the restraining order as the court specifies; and
(b)
appoint an officer of the court or any other person—
(i)
to execute any deed or instrument in the name of a person
who owns or has an interest in the property; and
(ii)
to do any act or thing necessary to give validity and
operation to the deed or instrument.
(5) The execution of a
deed or instrument by a person appointed by an order under subsection (4)
has the same force and validity as if the deed or instrument had been executed
by the person who owned or had the interest in the property.