South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 85

85—Procedure on application for confirmation of forfeiture

        (1)         A person who claims an interest in property covered by the forfeiture may appear and adduce evidence at the hearing of the application for confirmation of the forfeiture.

        (2)         A court may, in determining the application, have regard to—

            (a)         the transcript of any proceeding against the person for—

                  (i)         the serious offence of which the person was convicted; or

                  (ii)         if the person was taken to be convicted of that offence because of section 5(1)(c)—the other offence referred to in that paragraph,

including any appeals relating to the conviction; and

            (b)         any evidence given in the proceeding.