South Australian Current Acts

CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 15

15—Power to set aside transactions

        (1)         An "examinable transaction" is a transaction involving a disposition of property entered into after the relevant date by—

            (a)         an assisted person; or

            (b)         a person who is financially associated with—

                  (i)         an assisted person of category 2; or

                  (ii)         an assisted person who would fall into category 2 if it were not for the transaction or a series of transactions of which the transaction is one.

        (2)         The relevant date is a date falling 5 years before the date of the relevant offence (and, if there are 2 or more of them, the earliest of them).

        (3)         An examinable transaction is liable to be set aside under this section unless the parties to the transaction satisfy the court that the transaction was entered into in good faith and for value.

        (4)         The court may, on application by the Commission—

            (a)         set aside a transaction that is liable to be set aside under this section; and

            (b)         make any consequential or ancillary orders that may be just in the circumstances.