South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 49

49—Additional application for a forfeiture order

        (1)         The DPP cannot, unless the court gives leave, apply for a forfeiture order under section 47 in relation to a serious offence if—

            (a)         an application has previously been made under that section for the forfeiture of the property in relation to the offence; and

            (b)         the application has been finally determined on the merits.

        (2)         The court must not give leave unless it is satisfied that—

            (a)         the property to which the new application relates was identified only after the first application was determined; or

            (b)         necessary evidence became available only after the first application was determined; or

            (c)         it is in the interests of justice to grant the leave.

        (3)         To avoid doubt, the DPP may apply for a forfeiture order against property in relation to a serious offence even though an application has previously been made for a pecuniary penalty order or a literary proceeds order in relation to the offence.