Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024 (SA)

South Australia

Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024

An Act to amend the Criminal Assets Confiscation Act 2005.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024.

Part 2Amendment of Criminal Assets Confiscation Act 2005

2Amendment of section 6A – Meaning of prescribed drug offender

1. (1)

   Section 6A(3), definition of government custody—after paragraph (a) insert:

   1. (ab)

      custody under a home detention order under Part 3 Division 7 Subdivision 1 of the Sentencing Act 2017; or

2. (2)

   Section 6A(3), definition of government custody, (b)—after "paragraph (a)" insert:

   or (ab)

3Amendment of section 17 – Authorised police officer may apply for freezing order

1. (1)

   Section 17(1)—after "specified account" insert:

   or an account of a specified class

2. (2)

   Section 17(2)—delete subsection (2) and substitute:

   1. (2)

      In determining whether it is appropriate to make a freezing order, the magistrate—

      1. (a)

         must have regard to any hardship that may reasonably be expected to be caused to any person by the operation of the order; and

      2. (b)

         may have regard to—

         1. (i)

            the amount of money in the account to be frozen; and

         2. (ii)

            whether the account is held in the name of more than one person; and

         3. (iii)

            any other relevant matter.

4Amendment of section 21 – Duration of freezing order

1. (1)

   Section 21(1)(b)—delete paragraph (b) and substitute:

   1. (b)

      the expiration of the period of 7 days commencing when the freezing order takes effect,

2. (2)

   Section 21(3)(a)—delete paragraph (a) and substitute:

   1. (a)

      must have regard to the matters specified in section 17(2)(a) (and may have regard to any matter specified in section 17(2)(b)); and

3. (3)

   Section 21(3)(b)—delete paragraph (b) and substitute:

   1. (b)

      must not extend the duration of the freezing order unless satisfied that an application for a restraining order in respect of the money in the account is to be made or has been made but not yet determined.

5Amendment of section 56A – Prescribed drug offenders

Section 56A(2)—after "conviction offence" insert:

(including property that is subject to a restraining order)

6Amendment of section 93 – How forfeited property must be dealt with

Section 93—after subsection (1) insert:

1. (1a)

   To avoid doubt, property may be disposed of under this section by selling the property, arranging for the destruction of the property or in any other manner the Administrator thinks appropriate in the circumstances.

7Amendment of section 172 – Warrants authorising seizure of property

Section 172—after subsection (2) insert:

1. (3)

   If a warrant has been issued before the commencement of this subsection authorising (or purporting to authorise) the seizure of money in a bank account held by a financial institution or any other thing as a chose in action—

   1. (a)

      the issuing of the warrant for that purpose is taken to be valid; and

   2. (b)

      seizure of the money or other thing pursuant to the warrant, and any subsequent actions under this Act in relation to the money or thing so seized, are not liable to legal challenge on the basis that the warrant was invalid; and

   3. (c)

      no liability lies against the Crown or any other person in respect of the seizure or subsequent action under this Act.

Schedule 1—Transitional provisions

1—Application of amendments to section 21 of Act

Section 21 of the Criminal Assets Confiscation Act 2005, as amended by section 4 of this Act, applies in relation to any freezing order in force immediately before the commencement of section 4 (as well as to such orders made after that commencement).