South Australian Numbered Acts South Australian Numbered Acts202—Procedure if person objects to proposed destruction or disposal
(1) If an objection to
a proposed destruction or disposal of controlled property has been made, the
Administrator may apply to the court that made the restraining order covering
the controlled property for an order that the Administrator may destroy or
dispose of the property.
(2) The court may make
an order to destroy the controlled property if—
(a) it
is in the public interest to do so; or
(b) it
is required for the health or safety of the public.
(3) In determining
whether it is in the public interest to destroy the controlled property, the
court may take into account—
(a) the
use to which the property would be put if it were sold; and
(b)
whether the cost of restoring the property to a saleable condition would
exceed its realisable value; and
(c)
whether the cost of sale would exceed its realisable value; and
(d)
whether the sale of the property would otherwise be legal; and
(e) any
other matter the court thinks fit.
(4) The court may make
an order to dispose of the controlled property if, in the court’s
opinion—
(a) the
property is likely to lose value; or
(b) the
cost of controlling the property until it is finally dealt with by the
Administrator is likely to exceed, or represent a significant proportion of,
the value of the property when it is finally dealt with.
(5) The court may also
order—
(a) that
a specified person bear the costs of controlling the controlled property until
it is finally dealt with by the Administrator; or
(b) that
a specified person bear the costs of an objection to a proposed destruction or
disposal of the property.