South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 32

32—Court may set aside a disposition contravening a restraining order

        (1)         The DPP may apply to the court to set aside a disposition or dealing with property that contravenes a restraining order if that disposition or dealing was—

            (a)         not for sufficient consideration; or

            (b)         not in favour of a person who acted in good faith.

        (2)         The DPP must give, to each party to the disposition or dealing, written notice of both the application and the grounds on which it seeks the setting aside of the disposition or dealing.

        (3)         On an application under this section the court may—

            (a)         set aside the disposition or dealing from the day it occurred; or

            (b)         set aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired interests in the property on or after the day of the disposition or dealing and before the day on which the order is made.