South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 79

79—Court may make orders relating to buying back forfeited property

If property is forfeited to the Crown under section 74, the court that made the restraining order referred to in section 74(1)(b) may, if—

            (a)         a person who claims an interest in the property applies under section 80 for an order under this section; and

            (b)         the court is satisfied that—

                  (i)         it would not be contrary to the public interest for the person's interest to be transferred to the person; and

                  (ii)         there is no other reason why the person's interest should not be transferred to the person,

by order—

            (c)         declare the nature, extent and value (as at the time when the order is made) of the interest; and

            (d)         declare that the forfeiture ceases to operate in relation to the person's interest if payment is made under section 72.



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