South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SCHEDULE 1

Schedule 1—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Controlled Substances Act 1984

2—Repeal of section 43

Section 43—delete this section

3—Amendment of section 44—Matters to be considered when court fixes penalty

Section 44(d)(ii)—delete "an application for forfeiture of property has been made under the Criminal Assets Confiscation Act 1996 in respect of that financial gain" and substitute:

that financial gain is the subject of an application under the Criminal Assets Confiscation Act 2005

4—Amendment of section 52A—Seized property and forfeiture

Section 52A(12)—delete subsection (12) and substitute:

        (12)         Nothing in this section affects the operation of the Criminal Assets Confiscation Act 2005 .

Part 3—Amendment of Criminal Law Consolidation Act 1935

5—Amendment of section 348—Interpretation

Section 348, definition of ancillary order , (a) and (b)—delete paragraphs (a) and (b)

Part 4—Amendment of Financial Transaction Reports (State Provisions) Act 1992

6—Amendment of section 5—Further reports of suspect transactions

Section 5(2)(b)—delete " Criminal Assets Confiscation Act 1996 " and substitute:

Criminal Assets Confiscation Act 2005

7—Amendment of section 6—Reports of suspect transactions not reported under Commonwealth Act

        (1)         Section 6(1)(b)—delete " Criminal Assets Confiscation Act 1996 " and substitute:

Criminal Assets Confiscation Act 2005

        (2)         Section 6(7)(b)—delete " Criminal Assets Confiscation Act 1996 " and substitute:

Criminal Assets Confiscation Act 2005

Part 5—Amendment of Legal Services Commission Act 1977

8—Amendment of section 5—Interpretation

Section 5, definition of restraining order —delete " Criminal Assets Confiscation Act 1996 " and substitute:

Criminal Assets Confiscation Act 2005

9—Amendment of section 18B—Special provisions in relation to property subject to a restraining order

Section 18B(4)(b)—delete " Criminal Assets Confiscation Act 1996 " and substitute:

Criminal Assets Confiscation Act 2005

Part 6—Repeal of Criminal Assets Confiscation Act 1996

10—Repeal of Act

The Criminal Assets Confiscation Act 1996 is repealed.

Part 7—Transitional provisions

11—Transitional provision

        (1)         An order in force under the former Act immediately before the commencement of this Act continues in force, subject to this Act, as if this Act had been in force when the order was made and the order had been made under this Act.

        (2)         In this clause—

former Act means the Criminal Assets Confiscation Act 1996 .