South Australian Numbered Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 110

110—Meaning of literary proceeds

        (1)         Literary proceeds are any benefit that a person derives from the commercial exploitation of—

            (a)         the person’s notoriety resulting from the person committing a serious offence; or

            (b)         the notoriety of another person involved in the commission of the serious offence resulting from the first-mentioned person committing the offence.

        (2)         The commercial exploitation may be by any means, including—

            (a)         publishing material in written or electronic form; or

            (b)         any use of media from which visual images, words or sounds can be produced; or

            (c)         any live entertainment, representation or interview.

        (3)         A court may, in determining—

            (a)         whether a person has derived literary proceeds; or

            (b)         the value of literary proceeds that a person has derived,

treat as property of the person any property that, in the court’s opinion—

            (c)         is subject to the person’s effective control; or

            (d)         was not received by the person, but was transferred to, or (in the case of money) paid to, another person at the person’s direction.



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