South Australian Numbered Acts South Australian Numbered Acts53—Forfeiture orders can extend to other interests in property
(1) A court may, in
specifying an interest in property in a forfeiture order, specify any other
interests in the property (regardless of whose they are) if—
(a) the
amount received from disposing of the combined interests would be likely to be
greater than the amount received from disposing of each of the interests
separately; or
(b)
disposing of the interests separately would be impracticable or significantly
more difficult than disposing of the combined interests.
(2) If a court
specifies other interests under subsection (1), the court may make such
ancillary orders as it thinks fit for the protection of a person having one or
more of those other interests.
(3) Without limiting
the generality of subsection (2), an ancillary order may include—
(a) an
order directing the Crown to pay the person a specified amount as the value of
the person’s interest in the property; or
(b) an
order directing that specified other interests in the property be transferred
to the person.
(4) In deciding
whether to make an ancillary order, the court must have regard to—
(a) the
nature, extent and value of the person’s interest in the property
concerned; and
(b) if
the court is aware that any other person claims an interest in the
property—the nature, extent and value of the interest; and
(c) any
other matter that the court considers relevant.