Criminal Assets Confiscation Act 2005 (SA)

South Australia

Criminal Assets Confiscation Act 2005

An Act to provide for the confiscation of proceeds and instruments of crime; to provide for the confiscation of property of certain drug offenders as an additional punishment for their offending; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Criminal Assets Confiscation Act 2005.

1. (1)

   In this Act, unless the contrary intention appears—

abscond—see section 4;

account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for—

1. (a)

   a fixed term deposit; and

2. (b)

   a safety deposit box or other safe custody facility;

Administrator means the person appointed as the Administrator under section 190;

agent includes, if the agent is a corporation, the officers and agents of the corporation;

Australia, when used in a geographical sense, includes the external Territories;

authorised officer means—

1. (a)

   the DPP; or

2. (b)

   a police officer; or

3. (c)

   a member, officer or employee of an enforcement agency who is authorised in writing by the head of that agency for the purposes of this Act;

benefit includes a service or advantage;

charged—a person is charged with an offence if an information or complaint is laid against the person for the offence whether or not—

1. (a)

   a summons to require the attendance of the person to answer the information or complaint has been issued; or

2. (b)

   a warrant for the arrest of the person has been issued;

compensation order means an order made under section 61;

confiscation order means a forfeiture order, a pecuniary penalty order or a literary proceeds order;

controlled property means property subject to an order under section 39;

convicted—see section 5;

conviction day—see section 5;

conviction offence, in relation to a prescribed drug offender, has the meaning given in section 6A;

corresponding law means a law declared to be a corresponding law under section 12;

court means—

1. (a)

   the Supreme Court; or

2. (b)

   the District Court; or

3. (c)

   subject to section 14, the Magistrates Court;

data includes data in any form in which it may be stored or processed in a computer (including a computer program or part of a computer program);

data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;

deal with—dealing with a person's property includes—

1. (a)

   if a debt is owed to the person—making a payment to a person in reduction of the amount of the debt; and

2. (b)

   removing the property from the State; and

3. (c)

   receiving or making a gift of the property; and

4. (d)

   if the property is covered by a restraining order—engaging in a transaction that has the direct or indirect effect of reducing the value of the person's interest in the property;

dependant of a person means—