South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 64

64—Discharge of conviction based forfeiture order on quashing of conviction

        (1)         A forfeiture order made under section 47(1)(a) or (3)(a) in relation to a person’s conviction of a serious offence is discharged if—

            (a)         the person’s conviction of the offence is subsequently quashed (whether or not the order relates to the person’s conviction of other offences that have not been quashed); and

            (b)         the DPP does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.

        (2)         However, unless a court decides otherwise on an application under subsection (1), the quashing of the conviction does not affect the forfeiture order—

            (a)         for 14 days after the conviction is quashed; or

            (b)         if the DPP makes an application under subsection (1).