South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 115

115—Varying literary proceeds orders to increase literary proceeds amounts

        (1)         A court may, on the application of the DPP, vary a literary proceeds order against a person—

            (a)         —

                  (i)         if the value of property of the person forfeited under a forfeiture order, a recognised Australian forfeiture order or a foreign forfeiture order was deducted from the literary proceeds amount under section 114(b); and

                  (ii)         an appeal against the forfeiture, or against the order, is allowed,

by increasing the amount to be paid under the literary proceeds order by an amount equal to the value of the property; and

            (b)         —

                  (i)         if an amount payable under a pecuniary penalty order, a recognised Australian pecuniary penalty order or a foreign pecuniary penalty order was deducted under section 114(c) from the amount to be paid under the literary proceeds order; and

                  (ii)         an appeal against the amount payable, or against the order, is allowed,

by increasing the amount to be paid under the literary proceeds order by an amount equal to the amount that was payable; and

            (c)         —

                  (i)         if, in determining the amount to be paid under the literary proceeds order, the court took into account, under section 121, an amount of tax paid by the person who is the subject of the order; and

                  (ii)         an amount is repaid or refunded to the person in respect of that tax,

by increasing the amount to be paid under the literary proceeds order by an amount equal to the amount repaid or refunded.

        (2)         The DPP’s application may deal with more than one increase to the amount to be paid under the literary proceeds order.

Subdivision 3—Literary proceeds amounts may cover future literary proceeds