South Australian Numbered Acts South Australian Numbered Acts76—Excluding property from forfeiture under this Division
(1) The court that
made the restraining order referred to in section 74(1)(b) may make an
order excluding particular property from forfeiture under this Division
if—
(a) the
person referred to in section 74(1)(a)—
(i)
applies for the order; and
(ii)
owns the property; and
(iii)
has been convicted of a serious offence to which the
restraining order relates; and
(b) the
property is covered by the restraining order; and
(c) the
court is satisfied that—
(i)
the property is not proceeds of unlawful activity; and
(ii)
the defendant’s interest in the property was
lawfully acquired; and
(iii)
it would not be contrary to the public interest for the
property to be excluded from such forfeiture.
(2) To avoid doubt, an
order under this section cannot be made in relation to property if the
property has already been forfeited under this Division.
(3) The person must
give written notice to the DPP of both 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.