South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 224

224—Effect of confiscation scheme on sentencing

Despite any provision of the Sentencing Act 2017 , in determining sentence in respect of a person's conviction of a serious offence, a court—

            (a)         may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and

            (b)         must not have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to—

                  (i)         proceeds of the offence; or

                  (ii)         if the conviction has resulted in the person becoming a prescribed drug offender—property that was owned by or subject to the effective control of the person on the conviction day for the offence; and

            (c)         must have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to any other property; and

            (d)         must not have regard to any literary proceeds order that relates to the offence.