South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 75

75—Making an extension order extending the period before property is forfeited

        (1)         The court that made the restraining order referred to in section 74(1)(b) may make an order (an "extension order") specifying an extended period for the purposes of that section if—

            (a)         an application for the order is made within 6 months after the start of the day of the relevant conviction; and

            (b)         the applicant has also applied to the court under this Act to exclude property from the restraining order; and

            (c)         the court is satisfied that the applicant made the application to exclude property from the restraining order without undue delay, and has since diligently followed up that application.

        (2)         The extended period must end not later than 15 months from the start of the day of the relevant conviction.

        (3)         The extension order stops being in force if the application to exclude property from the restraining order is finally determined before the end of the 6 month period starting on the day of the relevant conviction.

        (4)         The extended period ends if the application to exclude property from the restraining order is finally determined before the end of the extended period.