South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 71

71—Returning property etc following the discharge of a forfeiture order

        (1)         If—

            (a)         a forfeiture order has been discharged in relation to property specified in the forfeiture order

                  (i)         by a court hearing an appeal against the making of the order; or

                  (ii)         under section 64 or 68; and

            (b)         a person who had an interest in the property immediately before the order was made applies in writing to the Minister for the transfer of the interest to the person,

the Minister must—

            (c)         if the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or

            (d)         if the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.

        (2)         The Minister may do or authorise the doing of anything necessary or convenient to effect a transfer, including—

            (a)         executing any instrument; and

            (b)         applying for registration of an interest in the property on any appropriate register.



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