South Australian Numbered Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 91

91—When the Crown can begin dealing with property specified in a forfeiture order

        (1)         The Crown may only dispose of, or otherwise deal with, property specified in a forfeiture order after, and only if the order is still in force—

            (a)         —

                  (i)         if an appeal has not been lodged within the period provided for lodging an appeal against the order—the end of the period; or

                  (ii)         if an appeal against the order has been lodged within the period provided for lodging an appeal against the order—the appeal lapses or is finally determined; or

            (b)         if the order was made in relation to a person’s conviction of a serious offence—

                  (i)         if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—the end of the period; or

                  (ii)         if an appeal against the conviction has been lodged—the appeal lapses or is finally determined,

whichever is the later.

        (2)         However, the Crown may dispose of, or otherwise deal with, property specified in a forfeiture order at an earlier time with the leave of, and in accordance with any directions of, the court.

        (3)         For the purposes of subsection (1)(b)—

            (a)         if the person is to be taken to have been convicted of the offence because of section 5(1)(b)—an appeal against the finding of the person guilty of the offence is taken to be an appeal against the conviction; and

            (b)         if the person is to be taken to have been convicted of the offence because of section 5(1)(c)—an appeal against the person’s conviction of the other offence referred to in that paragraph is taken to be an appeal against the conviction.



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