South Australian Current Acts South Australian Current Acts92—When the Crown can begin dealing with property forfeited under
section 74
(1) The Crown may only
dispose of, or otherwise deal with, property forfeited under section 74
in relation to a person's conviction of a serious offence if—
(a) the
period applying under section 74(6) has come to an end; and
(b) the
conviction has not been quashed by that time.
(2) For the purposes
of subsection (1), the Crown may dispose of or otherwise deal with the
property—
(a) if
the conviction is one in relation to which neither section 5(1)(b) nor
(c) applies—
(i)
if an appeal has not been lodged within the period
provided for lodging an appeal against the conviction—after the end of
the period; or
(ii)
if an appeal against the conviction has been lodged
within the period provided for lodging an appeal against the
conviction—after the appeal lapses or is finally determined; or
(b) if
the person is taken to have been convicted because of
section 5(1)(b)—
(i)
if an appeal has not been lodged within the period
provided for lodging an appeal against the finding of the person guilty of the
serious offence—after the end of the period; or
(ii)
if an appeal has been lodged within the period provided
for lodging an appeal against the finding of the person guilty of the serious
offence—after the appeal lapses or is finally determined; or
(c) if
the person is taken to have been convicted because of
section 5(1)(c)—
(i)
if an appeal has not been lodged within the period
provided for lodging an appeal against the person's conviction of the other
offence referred to in that paragraph—after the end of the period; or
(ii)
if an appeal has been lodged within the period provided
for lodging an appeal against the person's conviction of the other offence
referred to in that paragraph—after the appeal lapses or is finally
determined.
(3) However, the Crown
may dispose of, or otherwise deal with, the property earlier with the
permission of, and in accordance with any directions of, the court.