South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 119

119—Amending an application

        (1)         The court hearing an application for a confiscation order under this Part may, on the application of the DPP or with the consent of the DPP, amend the application.

        (2)         However, the court must not amend the application to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application unless the court is satisfied that—

            (a)         the benefit, instrument or literary proceeds were not reasonably capable of identification when the application was originally made; or

            (b)         necessary evidence became available only after the application was originally made.

        (3)         The DPP must, on applying for an amendment to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application, give written notice of the application to amend to the person who would be subject to the confiscation order if it were made.

Subdivision 2—Ancillary orders