South Australian Current Acts South Australian Current Acts (1) A court may make
an order in a proceeding under Part 3, Part 4 or Part 5 with the consent
of—
(a) the
parties to the proceeding; and
(b) each
person that the court has reason to believe has an interest in property the
subject of the proceeding.
(2) An order may be
made—
(a)
without consideration of the matters that the court would otherwise consider
in the proceeding; and
(b) if
the order is an order under section 47(1)(b)—before the end of the
period of 6 months referred to in section 47(1)(b).
(3) Despite any other
provision of this Act, if a court is satisfied that an agreement has been
reached between a person and the DPP and either—
(a) the
agreement provides for the person to make a payment to the Crown instead of
property of the person being forfeited under this Act; or
(b) the
agreement provides for the person to make a payment to the Crown instead of
the DPP applying for a confiscation order against the person,
the court may make any orders necessary to give effect to the agreement.
(4) An order may be
made under subsection (3) requiring a person to make a payment to the
Crown despite any other provision of this Act and irrespective of whether the
payment represents the whole of the value of the person's interest in the
property.
(5) If an order is
made in relation to property under subsection (3), the property is taken
to not be liable to forfeiture under this Act (and any forfeiture of the
property under this Act that occurred before the order is, on the making of
the order, taken to be of no effect, subject to an order of the court to the
contrary).