South Australian Numbered Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 25

25—Notice of application

        (1)         Subject to subsection (4), the DPP must—

            (a)         give written notice of an application for a restraining order covering property to—

                  (i)         the owner of the property (if the owner is known); and

                  (ii)         any other person the DPP reasonably believes may have an interest in the property; and

            (b)         include with the notice a copy of the application and—

                  (i)         in the case of the owner—any affidavit supporting the application; or

                  (ii)         in any other case—a notice that the person may request the DPP give the person a copy of any affidavit supporting the application.

        (2)         The DPP must comply with a request referred to in subsection (1)(b)(ii) as soon as practicable.

        (3)         Subject to subsection (4), a court must not hear an application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.

        (4)         A court may, if the DPP requests, consider the application without notice having been given under subsection (1).

        (5)         A court may, at any time before finally determining the application—

            (a)         direct the DPP to give or publish notice of the application to a specified person or class of persons; and

            (b)         specify the time and manner in which the notice is to be given or published.

        (6)         A person who claims an interest in property may appear and adduce evidence at the hearing of the application.

        (7)         A witness who is giving evidence relating to an application for a restraining order is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.



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