South Australian Current Acts South Australian Current Acts59A—Exclusion orders based on cooperation with law enforcement agency
(1) If a person
becomes a prescribed drug offender, the convicting court may make an order
excluding property from forfeiture under Subdivision 1A (an "exclusion order )
if—
(a) a
person applies for the exclusion order in accordance with section 60; and
(b) the
forfeiture applies to the applicant's property; and
(c) the
court is satisfied that the property to be specified in the exclusion order is
neither proceeds nor an instrument of unlawful activity; and
(d) the
court is satisfied that it would be appropriate to reduce the effect of
forfeiture because the person has cooperated with a law enforcement agency and
the cooperation relates directly to a serious and organised crime offence that
has been committed or may be committed in the future.
(2) An exclusion order
under subsection (1) must—
(a)
specify the nature, extent and value (at the time of making the order) of the
property concerned; and
(b)
direct that the property be excluded from the operation of Subdivision 1A; and
(c) if
the property has vested (in law or equity) in the Crown under this Division
and is yet to be disposed of—direct the Crown to transfer the property
to the applicant; and
(d) if
the property has vested (in law or equity) in the Crown under this Division
and has been disposed of—direct the Crown to pay the applicant an amount
equal to the value specified under paragraph (a).
(3) An applicant for
an exclusion order under subsection (1) must give written notice to
the DPP of the application and the grounds on which the order is sought.
(a) may
appear and adduce evidence at the hearing of the application; and
(b) must
give the applicant notice of any grounds on which it proposes to contest the
application.