South Australian Repealed Acts

This legislation has been repealed.

CRIMINAL ASSETS CONFISCATION ACT 1996 - SECT 9

9—Forfeiture of criminal benefits

        (1)         If a person benefits from the commission of a forfeiture offence, a court may, on application by the Director of Public Prosecutions, order the forfeiture of property to the value of the benefit.

        (2)         However, if a person who is not a party to the offence acquires a benefit in good faith and for valuable consideration, a forfeiture order cannot be made on the basis of the benefit.

        (3)         A party to the commission of a forfeiture offence who—

            (a)         obtains a benefit for the publication or prospective publication of material about the circumstances of the offence; or

            (b)         obtains a benefit, attributable in whole or part to notoriety achieved through commission of the offence, for the publication or prospective publication of the opinions, exploits or life history of the party or another party to the commission of the offence; or

            (c)         obtains a benefit by commercial exploitation in any other way of notoriety achieved through commission of the offence,

is taken to have benefited from the commission of the offence and is liable to forfeit property to the value of the benefit.

        (4)         A forfeiture order may be made under this section—

            (a)         for forfeiture of specified property owned by, held on behalf of, or in the effective control of, the person who has benefited from the commission of the forfeiture offence; or

            (b)         for forfeiture of a specified sum of money (unrelated to any particular property).

Example—

If the court is satisfied that a person has benefited from the commission of a forfeiture offence to the extent of $1 000, the court could order the forfeiture of a specified asset under paragraph (a), or could make an order requiring the defendant to pay $1 000, by way of forfeiture, under paragraph (b) without specifying any property or fund out of which the order is to be satisfied.

        (5)         In deciding whether the property of one person is in the effective control of another, legal, equitable, corporate, personal and other relationships may be taken into account.