South Australian Current Acts South Australian Current Acts76—Excluding property from forfeiture under this Division
(1) The court that
made the restraining order referred to in section 74(1)(b) may make an
order excluding particular property from forfeiture under this Division
if—
(a) a
person has been convicted of a serious offence to which the restraining order
relates; and
(ab) a
person applies for the exclusion order; and
(ac) the
applicant owns the property; and
(b) the
property is covered by the restraining order (or is security given under
section 38(a)(iii) for the exclusion of property that was covered by the
restraining order or under section 44(a)(iii) for the revocation of the
restraining order); and
(c) the
court is satisfied that—
(i)
the property is not proceeds of unlawful activity; and
(ia) the
person convicted of the serious offence to which the restraining order
relates—
(A) is not, as a result of the conviction,
a prescribed drug offender; or
(B) is, as a result of the conviction, a
prescribed drug offender but the property is protected property of the person;
and
(ii)
the applicant's interest in the property was lawfully
acquired; and
(iii)
it would not be contrary to the public interest for the
property to be excluded from such forfeiture.
(2) To avoid doubt, an
order under this section cannot be made in relation to property if the
property has already been forfeited under this Division.
(3) The applicant must
give written notice to the DPP of both the application and the grounds on
which the order is sought.
(4) The DPP—
(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.