South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION (MISCELLANEOUS) AMENDMENT ACT 2013 (NO 57 OF 2013) - SECT 26

26—Substitution of section 224

Section 224—delete the section and substitute:

224—Effect of confiscation scheme on sentencing

Despite any provision of the Criminal Law (Sentencing) Act 1988 , in determining sentence in respect of a person’s conviction of a serious offence, a court—

            (a)         may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and

            (b)         must not have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to proceeds of the offence; and

            (c)         must have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to any other property; and

            (d)         must not have regard to any literary proceeds order that relates to the offence.