South Australia Criminal Assets Confiscation (Review Recommendations) Amendment Bill 2025 A Bill For An Act to amend the Criminal Assets Confiscation Act 2005. Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Assets Confiscation Act 2005 3 Amendment of section 6A—Meaning of prescribed drug offender 4 Amendment of section 13—Delegation 5 Amendment of section 22—Failure to comply with freezing order 6 Insertion of section 56AB 56AB Prescribed drug offender to provide information as to interests in property 7 Amendment of section 59A—Exclusion orders based on cooperation with law enforcement agency 8 Amendment of section 76AA—Excluding property based on cooperation with law enforcement agency 9 Insertion of Part 6 Division A1 Division A1—Duty to provide information 130A Suspect to provide information as to interests in restrained property 10 Amendment of section 160—Giving notices to financial institutions 11 Amendment of section 186—Return of seized material if applications are not made for restraining orders or forfeiture orders 12 Amendment of section 209A—Credits to Justice Rehabilitation Fund Schedule 1—Further amendment of Criminal Assets Confiscation Act 2005 Schedule 2—Transitional provisions 1 Transitional provisions The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Assets Confiscation (Review Recommendations) Amendment Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. Part 2—Amendment of Criminal Assets Confiscation Act 2005 3—Amendment of section 6A—Meaning of prescribed drug offender Section 6A(2)—after paragraph (b) insert: and (c) whether or not the conviction occurs simultaneously with, or in the same proceedings as, the conviction for the conviction offence. 4—Amendment of section 13—Delegation Section 13—after subsection (3) insert: (4) If functions relating to enforcement of pecuniary penalty orders or literary proceeds orders are delegated to the Chief Recovery Officer under subsection (1)— (a) section 122(1) of this Act does not apply; and (b) the Chief Recovery Officer may, subject to any conditions specified in the instrument of delegation, take enforcement action under Part 7 of the Fines Enforcement and Debt Recovery Act 2017, and exercise any functions and powers under that Part (other than functions and powers under section 35) as if— (i) the person who owes the pecuniary penalty amount or the literary proceeds amount was a debtor (within the meaning of Part 7 of that Act); and (ii) the amount owed under the pecuniary penalty order or literary proceeds order was a monetary amount that is a pecuniary sum (both within the meaning of Part 7 of that Act). (5) In this section— Chief Recovery Officer means the person holding or for the time being acting as the Chief Recovery Officer under the Fines Enforcement and Debt Recovery Act 2017. 5—Amendment of section 22—Failure to comply with freezing order Section 22—after "financial institution" insert: or other person 6—Insertion of section 56AB After section 56A insert: 56AB—Prescribed drug offender to provide information as to interests in property If property owned by, or subject to the effective control of, a prescribed drug offender becomes subject to a deemed forfeiture order under section 56A, the prescribed drug offender must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying— (a) names and contact information for any persons or other entities who hold an interest in the property; and (b) any other particulars of a kind prescribed by the regulations. Maximum penalty: $2 500 or imprisonment for 6 months. 7—Amendment of section 59A—Exclusion orders based on cooperation with law enforcement agency (1) Section 59A(1)(d)—delete paragraph (d) and substitute: (d) the court is satisfied that it would be appropriate to reduce the effect of forfeiture because— (i) the person has cooperated with a law enforcement agency by providing a witness statement and an undertaking to provide oral testimony; and (ii) that cooperation was not taken into account by the court in sentencing the person; and (iii) the cooperation relates directly to a serious and organised crime offence that has been committed or may be committed in the future. (2) Section 59A—after subsection (1) insert: (1a) In determining whether to exclude property under this section, or the nature, extent and value of the property to be excluded, the court must have regard to such of the following as may be relevant: (a) the nature and extent of the applicant's cooperation; (b) the timeliness of the cooperation; (c) the truthfulness, completeness and reliability of any information or evidence provided by the applicant; (d) the evaluation (if any) by the authorities of the significance and usefulness of the applicant's cooperation; (e) any benefit that the applicant has gained or is likely to gain by reason of the cooperation; (f) the degree to which the safety of the applicant (or some other person) has been put at risk of violent retribution as a result of the applicant's cooperation; (g) the likelihood that the applicant will commit further offences, and may have regard to any other factor or principle the court thinks relevant. (3) Section 59A(2)—delete "An exclusion" and substitute: Subject to subsection (2a), an exclusion (4) Section 59A—after subsection (2) insert: (2a) If the court is of the view that an exclusion order made in accordance with subsection (2) would alert other persons to the applicant's cooperation and as a result put the applicant at risk of violent retribution, it may make an exclusion order— (a) specifying the nature, extent and value (at the time of making the order) of the property concerned; and (b) direct the Crown to pay the applicant an amount equal to the value specified in paragraph (a). 8—Amendment of section 76AA—Excluding property based on cooperation with law enforcement agency (1) Section 76AA(1)(e)—delete paragraph (e) and substitute: (e) the court is satisfied that it would be appropriate to reduce the effect of forfeiture because— (i) the person has cooperated with a law enforcement agency by providing a witness statement and an undertaking to provide oral testimony; and (ii) that cooperation was not taken into account by the court in sentencing the person; and (iii) the cooperation relates directly to a serious and organised crime offence that has been committed or may be committed in the future. (2) Section 76AA—after subsection (1) insert: (1a) In determining whether to exclude property under this section, the court must have regard to such of the following as may be relevant: (a) the nature and extent of the applicant's cooperation; (b) the timeliness of the cooperation; (c) the truthfulness, completeness and reliability of any information or evidence provided by the applicant; (d) the evaluation (if any) by the authorities of the significance and usefulness of the applicant's cooperation; (e) any benefit that the applicant has gained or is likely to gain by reason of the cooperation; (f) the degree to which the safety of the applicant (or some other person) has been put at risk of violent retribution as a result of the applicant's cooperation; (g) the likelihood that the applicant will commit further offences, and may have regard to any other factor or principle the court thinks relevant. (3) Section 76AA—after subsection (2) insert: (2a) If the court is of the view that an exclusion order made in respect of particular property in accordance with this section would alert other persons to the applicant's cooperation and as a result put the applicant at risk of violent retribution, it may make an exclusion order— (a) specifying the nature, extent and value (at the time of making the order) of the property concerned; and (b) direct the Crown to pay the applicant an amount equal to the value specified in paragraph (a). 9—Insertion of Part 6 Division A1 Part 6—before Division 1 insert: Division A1—Duty to provide information 130A—Suspect to provide information as to interests in restrained property If property of, or subject to the effective control of, a suspect becomes subject to a restraining order, the suspect must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying— (a) names and contact information for any persons or other entities who hold an interest in the property; and (b) any other particulars of a kind prescribed by the regulations. Maximum penalty: $2 500 or imprisonment for 6 months. 10—Amendment of section 160—Giving notices to financial institutions Section 160(2)(e)—delete "14 days of the notice" and substitute: a period specified in the notice, being not less than 3, or more than 7, business days after the day on which the notice is given 11—Amendment of section 186—Return of seized material if applications are not made for restraining orders or forfeiture orders (1) Section 186(1)(c)—delete "25 days" and substitute: 60 days (or such longer period as may be ordered under subsection (1a)) (2) Section 186—after subsection (1) insert: (1a) A magistrate may, on application by an authorised officer, make an order extending the period of 60 days referred to in subsection (1)(c) by a further period of up to 28 days if satisfied that— (a) the extension of time is reasonably necessary in order for an application to be made for a restraining order or a forfeiture order that would cover the material; and (b) the retention of the property for the additional period will not cause undue hardship to the person from whom the material was seized. 12—Amendment of section 209A—Credits to Justice Rehabilitation Fund Section 209A(4)—after "must" insert: be applied towards the costs of administering this Act and the balance must Schedule 1—Further amendment of Criminal Assets Confiscation Act 2005 Provision amended|How amended| Section 22, penalty provision|Delete "$20 000" and substitute: $100 000| Section 33(1), penalty provision|Delete "$20 000" and substitute: $100 000| Section 33(2), penalty provision|Delete "$10 000" and substitute: $20 000| Section 41, penalty provision|Delete "$20 000" and substitute: $100 000| Section 94, penalty provision|Delete "$20 000" and substitute: $100 000| Schedule 2—Transitional provisions 1—Transitional provisions (1) Section 56AB of the Criminal Assets Confiscation Act 2005, as inserted by section 6 of this Act, applies in relation to any deemed forfeiture order that is taken to be made after the commencement of section 6. (2) Section 130A of the Criminal Assets Confiscation Act 2005, as inserted by section 9 of this Act, applies in relation to any restraining order made after the commencement of section 9.