South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 80

80—Applying for orders under sections 78 and 79

        (1)         An application for an order under section 78 or 79 must be made before the end of the period of 6 months commencing on the day on which the property to which the application relates is forfeited to the Crown.

        (2)         However, the court may give a person leave to apply after the end of that period if the court is satisfied that the delay in making the application is not due to neglect on the part of the person.

        (3)         A person who was given notice of—

            (a)         proceedings for the application for the restraining order by virtue of which the property is forfeited; or

            (b)         the making of the restraining order,

must not apply for an order under section 78 or 79 relating to the property.

        (4)         However, the court may give a person leave to apply if the court is satisfied that the person’s failure to seek to have the property excluded from the forfeiture by an order under section 76 was not due to any neglect on the part of the person.