South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 129

129—Court may confirm confiscation order under this Part

        (1)         A court may confirm a confiscation order under this Part if satisfied that, when the DPP applied for the order, the court could have made the order—

            (a)         in the case of a pecuniary penalty order—on the ground that the person had committed the serious offence or some other serious offence; or

            (b)         in the case of a literary proceeds order—on the ground that the person had committed the serious offence in relation to which the person’s conviction was quashed or some other serious offence; or

            (c)         in any case—without relying on the person’s conviction of the serious offence.

        (2)         A court that confirms a confiscation order under this Part may—

            (a)         make such variations to the confiscation order as the court thinks fit; and

            (b)         make such ancillary orders as the court thinks fit.