South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 95

95—Making pecuniary penalty orders

        (1)         A court must, on application by the DPP, make an order ( a "pecuniary penalty order") requiring a specified person to pay an amount determined under Subdivision 2 to the Crown if satisfied that the person has been convicted of, or has committed, a serious offence and—

            (a)         the person has derived benefits from the commission of the offence; or

            (b)         an instrument of the offence is owned by the person or is under his or her effective control.

        (2)         The court’s power to make a pecuniary penalty order in relation to benefits derived from the commission of a serious offence is not affected by the existence of another confiscation order in relation to the offence.

        (3)         The court cannot make a pecuniary penalty order in relation to an instrument of a serious offence if—

            (a)         a pecuniary penalty has been imposed in respect of the instrument under this Act or any other law; or

            (b)         the instrument has been forfeited, or an application has been made for a forfeiture order that would cover the instrument, under this Act or any other law in relation to the offence.

        (4)         A literary proceeds amount is a pecuniary penalty for the purposes of subsection (3)(a).

        (5)         An application for a pecuniary penalty order must be made—

            (a)         before the end of the period of 9 months commencing on the conviction day; or

            (b)         if an extension order is in force at the end of that period—before the end of the period of 3 months commencing on the day the extended period relating to the extension order ends.

        (6)         An application for a pecuniary penalty order may be made in relation to one or more serious offences.

        (7)         An application may be made for a pecuniary penalty order in relation to a serious offence even if—

            (a)         a forfeiture order in relation to the offence, or an application for such a forfeiture order, has been made; or

            (b)         Part 4 Division 2 applies to the offence.

        (8)         A person who would be subject to a pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application.