South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 52

52—Amending an application

        (1)         The court hearing an application for a forfeiture order may, on the application or with the consent of the DPP, amend the application.

        (2)         However, the court must not amend the application to include additional property in the application unless—

            (a)         the court is satisfied that—

                  (i)         the property was not reasonably capable of identification when the application was originally made; or

                  (ii)         necessary evidence became available only after the application was originally made; or

            (b)         the forfeiture order applied for is an order to which section 47(1)(b) or (c) or (3)(b) or (c) applies and the court is satisfied that—

                  (i)         including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or

                  (ii)         it is for any other reason appropriate to grant the application to amend.

        (3)         The DPP must, on applying for an amendment to include additional property in the application, give written notice of the application to amend to any person whom the DPP reasonably believes may have an interest in the additional property.

        (4)         However, the court may, on the application of the DPP, dispense with the requirement to give notice to a person under subsection (3) if the court is satisfied that the person has absconded in connection with an offence.

        (5)         If the forfeiture order applied for is an order to which section 47(1)(a) or (3)(a) applies, any person who claims an interest in that additional property may appear and adduce evidence at the hearing of the application to amend.