South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 29

29—Notice of a restraining order

        (1)         If a court makes a restraining order covering property, the DPP must give written notice of the order to the owner of the property.

        (2)         The DPP must, if the documents have not already been given to the owner, include with the notice—

            (a)         a copy of the application; and

            (b)         a copy of any affidavit supporting the application.

        (3)         However, the court may, at the request of the DPP, order—

            (a)         that all or part of the application or affidavit is not to be given to the owner; or

            (b)         that the DPP delay giving the notice (and any documents required to be included with the notice) for a specified period,

if the court considers it appropriate in order to protect the integrity of any investigation or prosecution.

        (4)         If the court orders the DPP to delay giving the notice (and the documents required to be included with the notice) for a specified period, the DPP must give the notice or documents as soon as practicable after the end of the period.



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