South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 96

96—Additional application for pecuniary penalty order

        (1)         The DPP cannot, unless the court gives permission, apply for a pecuniary penalty order against a person in respect of benefits derived from the commission of a serious offence or a pecuniary penalty order against a person in respect of an instrument of the offence if—

            (a)         an application has previously been made for a pecuniary penalty order in respect of the benefits or instrument (as the case may be); and

            (b)         the application has been finally determined on the merits.

        (2)         The court must not give permission unless it is satisfied that—

            (a)         the benefit or instrument to which the new application relates was identified only after the first application was determined; or

            (b)         necessary evidence became available only after the first application was determined; or

            (c)         it is in the interests of justice to grant the permission.

        (3)         Except as provided in this section, nothing prevents the DPP from making more than 1 application for a pecuniary penalty order against a person in relation to a serious offence.