South Australian Numbered Acts South Australian Numbered Acts61—Making compensation orders
(1) A court that made
a forfeiture order must make an order (a
"compensation order") if—
(a) a
person has applied for the compensation order; and
(b) the
forfeiture order specifies the applicant’s property as proceeds of a
serious offence to which the forfeiture order relates; and
(c) the
court is satisfied that, when the property first became proceeds of the
serious offence, a proportion of the value of the property was not acquired
using the proceeds of any unlawful activity.
(2) A
compensation order must—
(a)
specify the proportion of the value of the property not acquired using the
proceeds of any offence referred to in subsection (1)(c); and
(b)
direct the Crown to—
(i)
if the property has not been disposed of—dispose of
the property; and
(ii)
pay the applicant an amount equal to that proportion of
the difference between the amount received from disposing of the property and
the total of any costs of administering this Act (of a kind referred to in
section 209(1)) in connection with the forfeiture order.
(3) An applicant for a
compensation order 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.