South Australian Numbered Acts South Australian Numbered Acts78—Court may make orders relating to transfer of forfeited property etc
If property is forfeited to the Crown under section 74, the court that
made the restraining order referred to in section 74(1)(b) may, if—
(a) a
person who claims an interest in the property applies under section 80
for an order under this section; and
(b) the
court is satisfied that—
(i)
the person was not involved in the commission of the
serious offence to which the forfeiture relates; and
(ii)
the person’s interest in the property—
(A) is not subject to the effective control
of the person whose conviction caused the forfeiture; and
(B) is not proceeds of the serious offence
or an instrument of the offence; and
(c) the
court is satisfied that—
(i)
the property was not used in, or in connection with, an
unlawful activity and was not derived or realised, directly or indirectly, by
any person from an unlawful activity; and
(ii)
the applicant acquired the property lawfully; and
(iii)
the applicant is not the person convicted of the serious
offence to which the forfeiture relates,
by order—
(d)
declare the nature, extent and value of the applicant’s interest in the
property; and
(e)
—
(i)
if the interest is still vested in the Crown—direct
the Crown to transfer the interest to the applicant; or
(ii)
declare that there is payable by the Crown to the
applicant an amount equal to the value declared under paragraph (d).