South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
In this Act, unless the contrary intention appears—
"Administrator" means a person nominated by the Attorney-General to administer
property forfeited or subject to restraining orders under this Act;
"to convict" a person of an offence includes—
(a) to
make a formal finding that the person is guilty of the offence without
recording a conviction;
(b) to
take the offence into account, at the person's request, in fixing the penalty
for another offence;
"corresponding law" means a law of the Commonwealth, another State or a
Territory declared by proclamation to be a law corresponding to this Act (see
section 6);
"court" means—
(a) the
Supreme Court; or
(b) the
District Court; or
(c) if
the proceedings involve property with a value of $300 000 or
less—the Magistrates Court;
"duplicate warrant"—see section 31;
"drug" means a substance that is a drug of dependence or a prohibited
substance as defined in the Controlled Substances Act 1984 ;
"equitable sharing program" means an arrangement under which—
(a) the
State shares with the Commonwealth or a reciprocating State the proceeds of
local forfeiture orders where officers of a law enforcement agency of the
Commonwealth or the reciprocating State have made a significant contribution
to the recovery of the proceeds; or
(b) the
Commonwealth or a reciprocating State shares with the State the proceeds of
interstate forfeiture orders where officers of a law enforcement agency of the
State have made a significant contribution to the recovery of the proceeds;
"financial institution" means—
(a) an
ADI; or
(d) a
friendly society; or
(e) an
institution of a kind declared by regulation to be a financial institution;
"forfeiture offence" means a local forfeiture offence or an interstate
forfeiture offence;
"forfeiture order" means—
(a) an
order for forfeiture of specified property or a specified sum of money under
section 8 or 9; or
(b) an
order for the forfeiture of property, or a pecuniary penalty order, under the
law of the Commonwealth or a reciprocating State;
"gift" includes a transaction (other than a transaction entered into in the
ordinary course of trade or commerce) under which a person acquires property
for less than a commercially adequate consideration;
"interstate forfeiture offence" means an offence that could, on conviction of
the offender, give rise to an order for the forfeiture of property, or a
pecuniary penalty order, under the law of the Commonwealth or a reciprocating
State;
"interstate forfeiture order" means an order for the forfeiture of property,
or a pecuniary penalty order, under the law of the Commonwealth or a
reciprocating State;
"legal assistance costs" means legal costs payable by an assisted person under
the conditions on which legal assistance is provided under the
Legal Services Commission Act 1977 ;
"local forfeiture offence" means—
(a) an
indictable offence under the law of the State; or
(b) a
serious drug offence against the law of the State; or
(c) an
offence against—
(i)
section 68(3) 1 of the Criminal Law Consolidation
Act 1935 ; or
(ii)
section 34 2 or 44 3 of the Fisheries Act 1982 ; or
(iii)
a provision of the Lottery and Gaming Act 1936 ; or
(iv)
section 47 4 , 48 5 , 48A 6 , 51 7 or 60 8 of the
National Parks and Wildlife Act 1972 ; or
(v)
section 117 9 of the Racing Act 1976 ; or
(vi)
section 28(1)(a) 10 , 33(2) 11 or 41 12 of the Summary
Offences Act 1953 ; or
(vii)
a provision of the Corporations Law ;
"local forfeiture order" means an order for forfeiture of specified property
or a specified sum of money under this Act or under some other law of the
State providing for forfeiture of assets on conviction for an offence;
"money laundering offence" means an offence against Part 5 Division 4 of the
Criminal Law Consolidation Act 1935 ;
"party" to the commission of an offence, means a person who—
(a)
commits or participates in the commission of the offence; or
(b) is
an accessory before or after the fact to the commission of the offence;
"police officer" means any member of the police force;
"premises" means a building, structure or place (whether built on or not and
whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;
"proceeds" of an offence means property derived directly or indirectly from
the commission of the offence; 13
"property" means real or personal property (tangible or intangible)
including—
(a) a
chose in action; and
(b) an
interest in property;
"property liable to forfeiture"—see section 5;
"reciprocating State" means a State or Territory in which a corresponding law
is in force;
"restraining order"—see Part 3;
"serious drug offence" means an offence involving trade in a drug or the
production, manufacture or preparation of a drug for trade;
"tainted property"—see section 4;
"transaction" includes receiving or making of a gift;
"telephone" includes any telecommunication device;
"warrant" means a warrant under Part 5.
Notes—
1 Section 68(3) of the Criminal Law Consolidation
Act 1935 makes it an offence to—
• have an
arrangement with a child who provides commercial sexual services under which
the person receives, on a regular or systematic basis, the proceeds, or a
share in the proceeds, of commercial sexual services provided by the child; or
• exploit a
child by obtaining money knowing it to be the proceeds of commercial sexual
services provided by the child.
2 Section 34(1) Fisheries Act 1982 makes it
an offence to engage in fishing activities for which a licence is required
under the Act without the required licence. Section 34(2) regulates the use of
boats in fishing activities for which a licence is required under the Act.
3 Section 44(1) of the Fisheries Act 1982
makes it an offence to sell or purchase fish taken, without a licence, in
waters to which the Act applies. Section 44(2) makes it an offence to sell,
purchase, or have possession or control of fish taken in contravention of the
Act, fish of a class declared to be protected, or fish of a prescribed class.
4 Section 47 of the National Parks and Wildlife
Act 1972 makes the taking of native plants, or certain species of native
plants, an offence in circumstances set out in the section.
5 Section 48 of the National Parks and Wildlife
Act 1972 makes it an offence to sell or give away a native plant of a
prescribed species.
6 Section 48A of the National Parks and Wildlife
Act 1972 makes it an offence to have possession or control of a native
plant that has been illegally taken or acquired.
7 Section 51 of the National Parks and Wildlife
Act 1972 makes it an offence to take a protected animal or the eggs of a
protected animal.
8 Section 60 of the National Parks and Wildlife
Act 1972 makes it an offence to have possession or control of an animal,
the carcass of an animal, or an egg, that has been illegally taken or
acquired.
9 Section 117 of the Racing Act 1976 makes it
an offence for a person to act as a bookmaker without being licensed as such
under that Act.
10 Section 28(1)(a) of the Summary Offences
Act 1953 makes it an offence to keep or manage a brothel, or assist in
keeping or managing a brothel.
11 Section 33(2) of the Summary Offences
Act 1953 makes it an offence to produce, sell, exhibit etc indecent or
offensive material.
12 Section 41 of the Summary Offences
Act 1953 makes it an offence to possess personal property reasonably
suspected of having been stolen or obtained by other unlawful means.
13 Note that the proceeds of a forfeiture offence
are tainted property (see section 4(1)(c)). If the proceeds are converted
into other property, the other property is also tainted (see
section 4(1a)).