South Australian Numbered Acts South Australian Numbered Acts209—Credits to the Victims of Crime Fund
(1) Subject to any
direction of a court under this Act—
(a) any
proceeds of confiscated assets; and
(b) any
money deriving from the enforcement in the State of an order under a
corresponding law,
must be applied towards the costs of administering this Act (including any
costs involved in dealing with, or disposing of property in accordance with
this Act and salary and other costs associated with the employment of the
Administrator) and the balance must be paid into the Victims of Crime Fund.
(2) Any money—
(a) paid
to the Crown under the equitable sharing program, being the Crown's share of
proceeds resulting from a breach of the criminal law of a State or Territory;
or
(b)
received by the Commonwealth from a foreign country within the meaning of the
Mutual Assistance Act under a treaty or arrangement providing for mutual
assistance in criminal matters and paid by the Commonwealth to the Crown,
must be paid into the Victims of Crime Fund.
(3) The purposes for
which money may be applied from the Victims of Crime Fund include payments to
the Commonwealth or to another State or a Territory of the Commonwealth, under
the equitable sharing program.
(4) In this
section—
"costs of administering this Act" includes the payment of any money in
accordance with section 57;
"equitable sharing program" means an arrangement under which—
(a) the
Crown shares with the Commonwealth or a reciprocating State the proceeds
resulting from a breach of the criminal law of the State if the Commonwealth
or the reciprocating State have made a significant contribution to the
recovery of the proceeds; or
(b) the
Commonwealth or a reciprocating State shares with the Crown the proceeds of
any unlawful activity if the Crown has made a significant contribution to the
recovery of those proceeds;
"proceeds of confiscated assets" means—
(a) the
amount referred to in section 72(1) or 73(f);
(b) the
amount referred to in section 81(1)(c) or 82(f);
(c) the
amounts referred to in section 93(2);
(d) an
amount payable to the Crown under a confiscation order;
(e) the
amount referred to in section 206.
Subdivision 1—Charge to secure certain amounts payable to the Crown