South Australian Current Acts South Australian Current Acts56A—Prescribed drug offenders
(1) Immediately on a
person becoming a prescribed drug offender, a forfeiture order (a "deemed
forfeiture order ) will be taken to have been made under Subdivision 1 by the
convicting court.
(2) A deemed
forfeiture order applies to all property owned by, or subject to the
effective control of, the prescribed drug offender on the conviction day for
the conviction offence (including property that is subject to a restraining
order) other than the following:
(a)
protected property of the prescribed drug offender;
(b)
property that has been excluded from a restraining order under Part 3 Division
3;
(c)
property that is otherwise forfeited to the Crown under this Act.
(3) Except as provided
in subsection (4), section 59A, section 59B and
section 209A, this Act applies to a deemed forfeiture order in all
respects as if it were a forfeiture order made under section 47(3)(a) in
relation to conviction for the conviction offence, subject to such
modifications as may be prescribed, or as may be necessary for the purpose.
(4) Any power that may
be exercised by a court that is hearing or that is to hear an application for
a forfeiture order may be exercised, in relation to a deemed forfeiture order,
by the convicting court at any time within the period of 6 months (or such
longer period as may be allowed by the convicting court) after the
conviction day for the conviction offence.
(5) In this
section—
"convicting court", in relation to a prescribed drug offender, means the court
that convicted the prescribed drug offender of the conviction offence.