South Australian Current Acts South Australian Current Acts (1) This section
applies to the following:
(a)
assets of a category 2 assisted person;
(b)
assets of a person who is financially associated with a category 2
assisted person,
(and assets include a future asset, such as a future right to superannuation).
(2) The court may, on
application by the Commission, make orders of one or more of the following
kinds in relation to an asset to which this section applies:
(a) an
order in the nature of an injunction to prevent dealing with or disposal of
the asset;
(b) if
the court identifies the asset as being available for application towards
legal assistance costs—
(i)
an order for partition;
(ii)
an order that the asset be held subject to trusts
determined by the court;
(iii)
an order vesting the asset in the Commission;
(iv)
an order for sale of the asset or its conversion into
money;
(v)
an order that the proceeds of the sale of the asset or
its conversion into money be dealt with in a particular way;
(vi)
an order creating, or providing for the creation of, a
charge over the asset.
(3) If an
assisted person or a financially associated person is an object of a
discretionary trust, the court may, on application by the Commission, make an
order appropriating the trust property, or any part of the trust property, for
application towards legal assistance costs.