South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 70

70—Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction

        (1)         If—

            (a)         a forfeiture order that covered particular property is discharged by a court hearing an appeal against the making of the order; or

            (b)         a forfeiture order that covered particular property is discharged under section 64 or section 68(2),

then the DPP—

            (c)         must, as soon as practicable, give written notice of the discharge to any person the DPP reasonably believes may have had an interest in the property immediately before the order was made; and

            (d)         must, if required by a court, give or publish notice of the discharge to a specified person or class of persons.

        (2)         The court may specify the time and manner in which a notice under subsection (1)(d) is to be given or published.

        (3)         A notice given under this section must include a statement to the effect that a person claiming to have had an interest in that property may apply under section 71 for the transfer of the interest, or its value, to the person.