South Australian Numbered Acts South Australian Numbered Acts12—Limitation on exercise of powers and functions under Part
(1) Powers and
functions under this Part may not be exercised before an
unexplained wealth order has been made unless—
(a) the
powers and functions are exercised for the purpose of investigating, or
restraining, wealth of a person who—
(i)
has been convicted of a serious offence or declared
liable to supervision under Part 8A of the Criminal Law Consolidation
Act 1935 in relation to a charge of a serious offence; or
(ii)
is, or has been, the subject of a control order; or
(b) the
DPP has authorised the exercise of those powers or functions.
(2) The DPP may not
authorise the exercise of powers and functions under this Part unless
satisfied that the powers and functions are to be exercised for the purpose of
investigating, or restraining, wealth of a person who the DPP reasonably
suspects of being—
(a) a
person who engages or has engaged in serious criminal activity; or
(b) a
person who regularly associates, or has regularly associated, with persons who
engage, or have engaged, in serious criminal activity; or
(c) a
person who is, or has been, a member of an organisation that is, at the time
at which the authorisation of the DPP is sought, a declared organisation; or
(d) a
person who has acquired property or a benefit as a gift from a person of a
kind referred to in paragraph (a), (b) or (c) or on the distribution of
the estate of a deceased person who was a person of a kind referred to in
paragraph (a), (b) or (c).
(3) Information
provided to the DPP under this section must not be disclosed to any person
(except to the Attorney-General, a person conducting a review under Part 4 or
a person to whom the Commissioner of Police authorises its disclosure).
(4) A court must not
determine proceedings under this Part unless satisfied that the
proceedings—
(a)
relate to investigating, or restraining, wealth of a person in relation to
whom an unexplained wealth order has been made; or
(b) are
authorised under this section.
(5) In this
section—
"control order" means a control order under the Serious and Organised Crime
(Control) Act 2008 ;
"declared organisation" has the same meaning as in the
Serious and Organised Crime (Control) Act 2008 ;
"member", in relation to a declared organisation, has the same meaning as in
the Serious and Organised Crime (Control) Act 2008 ;
"serious criminal activity" means the commission of serious offences;
"serious offence" has the same meaning as in the Criminal Assets Confiscation
Act 2005 .