Criminal Assets Confiscation Regulations 1997 (SA)

South Australia

Criminal Assets Confiscation Regulations 1997

under the Criminal Assets Confiscation Act 1996

Contents

1. Short title

2. Commencement

3. Revocation

4. Interpretation

5. Procedure to dispute allegations on application for forfeiture order

6. Forms

Schedule—Forms

Legislative history

1—Short title

These regulations may be cited as the Criminal Assets Confiscation Regulations 1997.

2—Commencement

These regulations will come into operation on the day on which the Criminal Assets Confiscation Act 1996 comes into operation.

3—Revocation

All regulations previously made under the Crimes (Confiscation of Profits) Act 1986 are revoked.

4—Interpretation

In these regulations—

Act means the Criminal Assets Confiscation Act 1996;

DPP means the Director of Public Prosecutions.

5—Procedure to dispute allegations on application for forfeiture order

1. A written statement to be submitted in evidence under section 13(3) of the Act—

   (a)must identify the application (or proposed application) to which the statement relates; and

   (b)if it contains more than one allegation of fact—must be divided into numbered paragraphs, each containing only one such allegation; and

   (c)must be signed by the DPP or the defendant (as the case requires).

2. If the allegations are made by the DPP, the defence must be given an opportunity to dispute the allegations as follows:

   (a)a copy of the statement must be given to the defendant (personally or by certified mail) at least 28 days before the application or proposed application is to be heard or determined;

   (b)a letter addressed to the defendant must be sent with the copy—

   (i)explaining how the allegations made in the statement may be disputed; and

   (ii)specifying a date (which must be at least 14 days after the copy of the statement is given) by which the defendant must notify the DPP of a dispute; and

   (iii)explaining the consequences of not disputing the allegations;

   (c)the defendant may dispute all or any of the allegations contained in the statement by giving written notice to the DPP stating which allegations are disputed (by lodging the notice at the DPP's office or by sending it by certified mail addressed to the DPP) before the date specified in the statement for that purpose.

3. If the allegations are made by the defendant, the DPP must be given an opportunity to dispute the allegations as follows:

   (a)a copy of the statement must be given to the DPP by lodging it at the DPP's office or by sending it by certified mail addressed to the DPP at least 28 days before the application or proposed application is to be heard or determined; and

   (b)a letter addressed to the DPP must be sent with the copy stating that the defendant may submit the statement in evidence under section 13(3) of the Act; and

   (c)the DPP may dispute all or any of the allegations contained in the statement by giving (personally or by certified mail) written notice stating which allegations are disputed to the defendant (or the defendant's solicitor) at least 14 days before the application is to be heard.

6—Forms

The Schedule sets out forms for the purposes of Part 5 of the Act.

Schedule—Forms

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Revocation of regulations

The Criminal Assets Confiscation Regulations 1997 were revoked by Sch 1 of the Criminal Assets Confiscation Regulations 2006 on 2.4.2006.

Principal regulations

Year	No	Reference	Commencement
1997	156	Gazette 12.6.1997 p2987	7.7.1997: r 2