South Australian Numbered Acts South Australian Numbered Acts34—Court may exclude property from a restraining order
(1) The court to which
an application for a restraining order under section 24(1)(a) or (b) was
made may, when the order is made or at a later time, exclude specified
property from the order if—
(a) an
application is made under section 35 or 36; and
(b) the
court is satisfied that—
(i)
the property is neither proceeds nor an instrument of
unlawful activity; and
(ii)
the owner's interest in the property was lawfully
acquired; and
(iii)
it would not be contrary to the public interest for the
property to be excluded from the order.
(2) However—
(a) the
court must not exclude property from a restraining order unless satisfied that
neither a pecuniary penalty order nor a literary proceeds order could be made
against—
(i)
the person who owns the property; or
(ii)
if the property is not owned by the suspect but is under
his or her effective control—the suspect; and
(b) the
court must not exclude property from a restraining order unless satisfied that
the property could not be subject to an instrument substitution declaration if
the suspect were convicted of the offence.