South Australian Numbered Acts South Australian Numbered Acts10—Insertion of Part 9 Division 2A
After section 58 insert:
Division 2A—Enforcement of restitution orders
59—Non-compliance with order for restitution of property
(1) If—
(a) an
order is made under section 52 requiring property to be restored to a
person; and
(b) the
order is not complied with,
the person may request an authorised officer to take action under this section
for enforcement of the order.
(2) On receiving a
request under this section in relation to an order requiring the restitution
of property, an authorised officer may—
(a)
enter any land (using such force as may be necessary) on which the officer
reasonably suspects the property is situated and seize and remove the
property; or
(b)
cause the property to be valued (in such manner as the officer thinks fit) and
make an order requiring the defendant to pay to the person an amount equal to
the value of the property.
(3) In exercising
powers under subsection (2)(a), an authorised officer may be assisted by
such other persons (including a member of the police force) as the officer
considers necessary in the circumstances.
(4) An authorised
officer who makes an order under subsection (2)(b) must cause a copy of
the order to be served on the defendant personally or by post.
(5) An order under
subsection (2)(b)—
(a) may
be made in the absence of, and without prior notice to, the defendant; and
(b) may
be varied or cancelled by an authorised officer in such circumstances as the
officer considers just; and
(c) is
enforceable as a pecuniary sum.
(6) The prescribed
fees for issuing, serving and executing an order under subsection (2)(b)
are payable in addition to the amount specified in the order as the value of
the relevant property and form part of the amount payable under the order.
(7) In
this section—
"defendant", in relation to property, means the defendant in the proceedings
in which the order requiring restitution of the property was made.