South Australian Current Acts South Australian Current Acts83—The effect on forfeiture of convictions being quashed
(1) If, after
forfeiture of property under section 74 in relation to a person's
conviction of a serious offence—
(a) the
person's conviction is subsequently quashed; and
(b) the
forfeiture does not also relate to the person's conviction of other offences
that have not been quashed; and
(c) the
DPP does not, within 14 days after the conviction is quashed, apply to the
court that made the restraining order referred to in section 74(1)(b) for
the forfeiture to be confirmed,
the Administrator must, as soon as practicable after 14 days after the
conviction is quashed have elapsed—
(d) 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
(e) 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.
(a) the
DPP makes an application of the kind referred to in subsection (1)(c);
and
(b) the
court decides not to confirm the forfeiture,
the Administrator must, as soon as practicable after the application is
determined—
(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.
(3) The Administrator
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.