South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 209

209—Credits to Victims of Crime Fund

        (1)         Subject to Division 3A, section 209A and any direction of a court under this Act—

            (a)         any proceeds of confiscated assets; and

            (b)         any money deriving from the enforcement in the State of an order under a corresponding law,

must be applied towards the costs of administering this Act and the balance must be paid into the Victims of Crime Fund.

        (2)         Any money—

            (a)         paid to the Crown under the equitable sharing program, being the Crown's share of proceeds resulting from a breach of the criminal law of a State or Territory; or

            (b)         received by the Commonwealth from a foreign country within the meaning of the Mutual Assistance Act under a treaty or arrangement providing for mutual assistance in criminal matters and paid by the Commonwealth to the Crown,

must be paid into the Victims of Crime Fund.

        (3)         The purposes for which money may be applied from the Victims of Crime Fund include payments to the Commonwealth or to another State or a Territory of the Commonwealth, under the equitable sharing program.

        (4)         In this section—

"costs of administering this Act" includes the payment of any money in accordance with section 57;

"equitable sharing program" means an arrangement under which—

            (a)         the Crown shares with the Commonwealth or a reciprocating State the proceeds resulting from a breach of the criminal law of the State if the Commonwealth or the reciprocating State have made a significant contribution to the recovery of the proceeds; or

            (b)         the Commonwealth or a reciprocating State shares with the Crown the proceeds of any unlawful activity if the Crown has made a significant contribution to the recovery of those proceeds,

but does not include the national cooperative scheme (within the meaning of section 209B(1));

"proceeds of confiscated assets" means—

            (a)         the amount referred to in section 72(1) or 73(f);

            (b)         the amount referred to in section 81(1)(c) or 82(f);

            (c)         the amounts referred to in section 93(2);

            (d)         an amount payable to the Crown under a confiscation order;

            (e)         the amount referred to in section 206.