South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 74

74—Forfeiting restrained property without forfeiture order if person convicted of serious offence

        (1)         Property is forfeited to the Crown at the end of the relevant period if—

            (a)         a person is convicted of a serious offence; and

            (b)         either—

                  (i)         at the end of the relevant period, the property is covered by a restraining order that relates to the offence; or

                  (ii)         the property was covered by a restraining order that relates to the offence, but the property was excluded, or the order revoked, under section 38 or section 44; and

            (c)         the property is not subject to an order under section 76 excluding the property from forfeiture under this Division.

        (2)         For the purposes of this section, it does not matter whether—

            (a)         the restraining order was made before or after the person's conviction of the serious offence; or

            (b)         immediately before forfeiture, the property is the person's property or another person's property.

        (3)         However, this section does not apply if the person is taken to have been convicted under section 5(1)(d).

        (4)         A restraining order in relation to a related offence with which the person has been charged, or is proposed to be charged, is taken, for the purposes of this section, to be a restraining order in relation to the serious offence of which the person was convicted.

        (5)         If—

            (a)         particular property is excluded from a restraining order under section 38, or a restraining order that covered particular property is revoked under section 44; and

            (b)         the security referred to in section 38(a)(iii) or section 44(a)(iii) (as the case requires) in connection with the exclusion or revocation is still in force,

the security is taken, for the purposes of this section and section 75, to be the property referred to in subsection (1).

        (6)         In this section—

"relevant period" means—

            (a)         the 6 month period starting on the day of the conviction; or

            (b)         if, at the end of the 6 month period starting on the day of the conviction, an extended period applies in accordance with section 75—that extended period.