South Australian Numbered Acts South Australian Numbered Acts58—Making exclusion orders before forfeiture order made
(1) A court that is
hearing, or is to hear, an application for a forfeiture order, must make an
order excluding property from forfeiture (an
"exclusion order") if—
(a) a
person applies for the exclusion order in accordance with section 60; and
(b) the
application for a forfeiture order specifies the applicant’s property;
and
(c) if
the forfeiture order would be one to which section 47(1)(a) or (3)(a)
applies, the court is satisfied that—
(i)
the applicant was not involved in the commission of a
serious offence to which the application for a forfeiture order relates; and
(ii)
the property to be specified in the exclusion order is
neither proceeds nor an instrument of the offence; and
(d) if
the forfeiture order would be one to which section 47(1)(b) or (c) or
(3)(b) or (c) applies, the court is satisfied that the property to be
specified in the exclusion order is neither proceeds nor an instrument of
unlawful activity.
(2) An exclusion order
under subsection (1) must—
(a)
specify the nature, extent and value (at the time of making the order) of the
property concerned; and
(b)
direct that the property be excluded from the operation of the forfeiture
order.
(3) An applicant for
an exclusion order under subsection (1) must give written notice to the
DPP of the application and the grounds on which the order is sought.
(4) The DPP—
(a) may
appear and adduce evidence at the hearing of the application; and
(b) must
give the applicant notice of any grounds on which it proposes to contest the
application.
(5) However, the DPP
need not give notice under subsection (4)(b) until it has had a
reasonable opportunity to examine the applicant under Part 6 Division 1.
(6) An application for
an exclusion order under subsection (1) must not be heard until the DPP
has had a reasonable opportunity to examine the applicant under Part 6
Division 1.