South Australian Current Acts South Australian Current Acts98—Making of pecuniary penalty order if person has absconded
A court must not, if a person is taken under section 5(1)(d) to have been
convicted of a serious offence, make a pecuniary penalty order relating to the
person's conviction unless—
(a) the
court is satisfied, on the balance of probabilities, that the person has
absconded; and
(b)
either—
(i)
the person has been committed for trial for the offence;
or
(ii)
the court is satisfied, having regard to all the evidence
before the court, that a reasonable jury, properly instructed, or the
Magistrates Court (as the case requires) could lawfully find the person guilty
of the offence.