South Australian Current Acts South Australian Current Acts76AA—Excluding property based on cooperation with law enforcement agency
(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 applies for the order; and
(b) the
applicant has become a prescribed drug offender as a result of being convicted
of the serious offence to which the restraining order relates; and
(c) the
applicant owns the property; and
(d) the
court is satisfied that the property is neither proceeds nor an instrument of
unlawful activity; and
(e) the
court is satisfied that it would be appropriate to reduce the effect of
forfeiture because the applicant 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) 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.
(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.
(5) This section is in
addition to, and does not derogate from, section 76.