South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 125

125—Discharge of confiscation order under this Part if made in relation to a conviction

        (1)         A confiscation order under this Part made in relation to a person’s conviction of a serious offence is discharged if—

            (a)         the person’s conviction of the offence is subsequently quashed (whether or not the order relates to the person’s conviction of other offences that have not been quashed); and

            (b)         the DPP does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.

        (2)         However, unless a court decides otherwise on an application under subsection (1), the quashing of the conviction does not affect the order—

            (a)         for 14 days after the conviction is quashed; or

            (b)         if the DPP makes an application under subsection (1).