South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Assets Confiscation (Miscellaneous) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Criminal
Assets Confiscation Act 2005
.
Contents
Part 2—Amendment
of Criminal Assets Confiscation Act 2005
4Amendment of section 56A—Prescribed drug
offenders
59BExclusion orders
based on financial interests of Crown etc
6Amendment of section 209—Credits to
Victims of Crime Fund
7Amendment of section 219—Consent
orders
8Amendment of section 227—Costs and
exemplary or punitive damages
9Amendment of section
230—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Assets Confiscation
(Miscellaneous) Amendment Bill 2018.
This Act will come into operation—
(a) on the day on which it is assented to by the Governor; or
(b) on 10 August 2018 immediately after the
Criminal
Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016
comes into operation,
whichever occurs later.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Assets Confiscation
Act 2005
4—Amendment
of section 56A—Prescribed drug offenders
Section 56A(3)—after "section 59A" insert:
, section 59B
After section 59A insert:
59B—Exclusion orders based on financial interests
of Crown etc
(1) If a person becomes
a prescribed drug offender, a court may make an order excluding property from
forfeiture under Subdivision 1A (an exclusion order)
if—
(a) the DPP applies to the court for the exclusion order; and
(b) the court is satisfied that—
(i) it would be contrary to the financial interests of the Crown for the
property to be forfeited to the Crown; or
(ii) it is otherwise not in the public interest for the property to be
forfeited to the Crown.
(2) An exclusion order under
subsection (1)
—
(a) may identify the property concerned by—
(i) specifying the nature and extent of the property that is to be
excluded; or
(ii) specifying that all property to which the deemed forfeiture order
would apply is to be excluded; or
(iii) specifying that all property to which the deemed forfeiture order
would apply, other than specified property, is to be excluded; and
(b) must direct that the property be excluded from the operation of the
deemed forfeiture order under Subdivision 1A; and
(c) may include any other directions that are necessary or convenient for
giving effect to the order.
(3) A court may make an exclusion order under
subsection (1)
on the basis of the DPP's application and in the absence of, and without
hearing from, any parties to the application.
(4) If a court makes an exclusion order in relation to property under
subsection (1)
, the property will (subject to any order of the court to the contrary) be
taken to have never been forfeited under Subdivision 1A.
6—Amendment
of section 209—Credits to Victims of Crime Fund
Section 209(1)—delete "(including any costs involved in dealing with,
or disposing of property in accordance with this Act and salary and other costs
associated with the employment of the Administrator)"
7—Amendment
of section 219—Consent orders
Section 219—after subsection (2) insert:
(3) Despite any other
provision of this Act, if a court is satisfied that an agreement has been
reached between a person and the DPP and either—
(a) the agreement provides for the person to make a payment to the Crown
instead of property of the person being forfeited under this Act; or
(b) the agreement provides for the person to make a payment to the Crown
instead of the DPP applying for a confiscation order against the
person,
the court may make any orders necessary to give effect to the
agreement.
(4) An order may be made under
subsection (3)
requiring a person to make a payment to the Crown despite any other
provision of this Act and irrespective of whether the payment represents the
whole of the value of the person's interest in the property.
(5) If an order is made in relation to property under
subsection (3)
, the property is taken to not be liable to forfeiture under this Act (and
any forfeiture of the property under this Act that occurred before the order is,
on the making of the order, taken to be of no effect, subject to an order of the
court to the contrary).
8—Amendment
of section 227—Costs and exemplary or punitive
damages
Section 227—after subsection (1) insert:
(1a) However, the court may not award exemplary or punitive damages to the
person.
9—Amendment
of section 230—Regulations
Section 230—after its present contents (now to be designated as
subsection (1)) insert:
(2) Regulations under this Act may—
(a) be of general application or limited application; and
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; and
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or the
DPP.