South Australian Numbered Acts South Australian Numbered Acts210—Charge on property subject to restraining order
(1) If—
(a) a
confiscation order is made against a person in relation to a serious offence;
and
(b) a
restraining order relating to the offence or a related offence is, or has
been, made against—
(i)
the person’s property; or
(ii)
another person’s property in relation to which an
order under section 123(1) is, or has been, made,
then, upon the making of the later of the orders, there is created, by force
of this section, a charge on the property to secure the payment to the Crown
of the penalty amount or the literary proceeds amount (as the case requires).
(2) The charge ceases
to have effect in respect of the property—
(a) if
the order was made in relation to the person’s conviction of the serious
offence and that conviction is quashed—upon the order being discharged
under Part 5 Division 3 Subdivision 5; or
(b) upon
the discharge of the order or the restraining order by a court hearing an
appeal against the making of the order; or
(c) upon
payment to the Crown of the penalty amount or the amount to be paid under the
literary proceeds order in satisfaction of the order; or
(d) upon
the sale or other disposition of the property—
(i)
under an order under Part 7 Division 1 Subdivision 4; or
(ii)
by the owner of the property with the consent of the
court that made the order; or
(iii)
if the restraining order directed the Administrator to
take custody and control of the property—by the owner of the property
with the consent of the Administrator; or
(e) upon
the sale of the property to a purchaser in good faith for value who, at the
time of purchase, had no notice of the charge,
whichever first occurs.
Subdivision 2—Charge to secure certain amounts payable to Legal Services
Commission