South Australian Numbered Acts South Australian Numbered Acts (1) A person—
(a)
against whom a confiscation order is made; or
(b) who
has an interest in property against which a forfeiture order is made; or
(c) who
has an interest in property that is declared in an order under
section 123 to be available to satisfy a pecuniary penalty order or
literary proceeds order,
may appeal against the confiscation order, forfeiture order or order under
section 123—
(d) in
the case of an order made in relation to a conviction of a serious
offence—as if the order was, or was part of, the sentence imposed on the
person in respect of the offence; or
(e) in
any other case—as if the person had been convicted of the serious
offence to which the order relates and the order was, or was part of, the
sentence imposed on the person in respect of the offence.
(2) The DPP—
(a) has
the same right of appeal as a person referred to in subsection (1) has
under this section; and
(b) may
appeal against a refusal by a court to make an order as if such an order had
been made and the DPP was appealing against that order.
(3) On an appeal under
this section, the court may confirm, discharge or vary the order.
(4) Nothing in this
section affects any other right of appeal.