South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 96

96—Additional application for a pecuniary penalty order

        (1)         The DPP cannot, unless the court gives leave, apply for a pecuniary penalty order against a person in respect of benefits derived from the commission of a serious offence or an instrument of the offence if—

            (a)         an application has previously been made for a pecuniary penalty under this Division in respect of the benefits or instrument; and

            (b)         the application has been finally determined on the merits.

        (2)         The court must not give leave unless it is satisfied that—

            (a)         the benefit or instrument to which the new application relates was identified only after the first application was determined; or

            (b)         necessary evidence became available only after the first application was determined; or

            (c)         it is in the interests of justice to grant the leave.

        (3)         An application for a literary proceeds order is not, for the purposes of this section, an application for a pecuniary penalty.