South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 90

90—What property is forfeited and when

        (1)         Subject to this section—

            (a)         property specified in a forfeiture order vests absolutely in the Crown at the time the order is made; and

            (b)         property forfeited under section 74 vests absolutely in the Crown at the time of the forfeiture.

        (2)         If property specified in the forfeiture order, or forfeited under section 74, is registrable property—

            (a)         the property vests in equity in the Crown, but does not vest in the Crown at law until the applicable registration requirements have been complied with; and

            (b)         the DPP has power to do anything necessary or convenient to give notice of, or otherwise protect, the Crown’s equitable interest in the property; and

            (c)         the Crown is entitled to be registered as the owner of the property; and

            (d)         the Administrator has power to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Crown as the owner.

        (3)         If a person—

            (a)         was, immediately before his or her death, the joint owner of property specified in the forfeiture order; and

            (b)         died before the order was made, but—

                  (i)         after the DPP applied for the order; or

                  (ii)         while a restraining order covering the property was in force,

that property is taken to have vested in the Crown immediately before the person’s death (and any such restraining order is also taken to have continued to apply to the property as if the person had not died).

        (4)         If—

            (a)         a person who is convicted of a serious offence was, immediately before his or her death, the joint owner of property; and

            (b)         the period that would apply under section 74 if the property were subject to forfeiture under that section in relation to the conviction had not ended before the person's death; and

            (c)         the period had ended immediately before the person's death the property would have been forfeited under section 74,

the property is taken to have vested in the Crown immediately before the person's death.

        (5)         An action by the DPP under subsection (2)(b) is not a dealing for the purposes of section 91(1) or section 92(1).

        (6)         The Administrator’s powers under subsection (2)(d) include executing any instrument required to be executed by a person transferring an interest in property of that kind.