South Australian Numbered Acts South Australian Numbered Acts74—Forfeiting restrained property without a forfeiture order if a person
has been convicted of a serious offence
(1) Property is
forfeited to the Crown at the end of the relevant period if—
(a) a
person is convicted of a serious offence; and
(b)
either—
(i)
at the end of the relevant period, the property is
covered by a restraining order that relates to the offence; or
(ii)
the property was covered by a restraining order that
relates to the offence, but the property was excluded, or the order revoked,
under section 38 or section 44; and
(c) the
property is not subject to an order under section 76 excluding the
property from forfeiture under this Division.
(2) For the purposes
of this section, it does not matter whether—
(a) the
restraining order was made before or after the person’s conviction of
the serious offence; or
(b)
immediately before forfeiture, the property is the person’s property or
another person’s property.
(3) However, this
section does not apply if the person is taken to have been convicted under
section 5(1)(d).
(4) A restraining
order in relation to a related offence with which the person has been charged,
or is proposed to be charged, is taken, for the purposes of this section, to
be a restraining order in relation to the serious offence of which the person
was convicted.
(5) If—
(a)
particular property is excluded from a restraining order under
section 38, or a restraining order that covered particular property is
revoked under section 44; and
(b) the
security referred to in section 38(a)(iii) or section 44(a)(iii) (as
the case requires) in connection with the exclusion or revocation is still in
force,
the security is taken, for the purposes of this section, to be the property
referred to in subsection (1).
(6) In this
section—
"relevant period" means—
(a) the
6 month period starting on the day of the conviction; or
(b) if
an extension order is in force at the end of that period—the extended
period relating to the extension order.