South Australian Numbered Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 83

83—The effect on forfeiture of convictions being quashed

        (1)         If, after forfeiture of property under section 74 in relation to a person's conviction of a serious offence—

            (a)         the person’s conviction is subsequently quashed; and

            (b)         the forfeiture does not also relate to the person’s conviction of other offences that have not been quashed; and

            (c)         the DPP does not, within 14 days after the conviction is quashed, apply to the court that made the restraining order referred to in section 74(1)(b) for the forfeiture to be confirmed,

the Administrator must, as soon as practicable after 14 days after the conviction is quashed have elapsed—

            (d)         if the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or

            (e)         if the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.

        (2)         If—

            (a)         the DPP makes an application of the kind referred to in subsection (1)(c); and

            (b)         the court decides not to confirm the forfeiture,

the Administrator must, as soon as practicable after the application is determined—

            (c)         if the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or

            (d)         if the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.

        (3)         The Administrator may do or authorise the doing of anything necessary or convenient to effect a transfer, including—

            (a)         executing any instrument; and

            (b)         applying for registration of an interest in the property on any appropriate register.



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