South Australian Repealed Acts

This legislation has been repealed.

CRIMINAL ASSETS CONFISCATION ACT 1996 - SECT 13

13—Evidence and standard of proof

        (1)         A question of fact on an application for a forfeiture order is to be decided on the balance of probabilities.

        (2)         However, if the commission of the forfeiture offence on which the application is based has not been established by conviction of the offender, the commission of the offence must be established beyond reasonable doubt.

        (3)         A court may accept a particular allegation as sufficiently proved if—

            (a)         the allegation is contained in a written statement signed by the Director of Public Prosecutions or the defendant; and

            (b)         the prosecution or the defence (as the case requires) has been given an opportunity to dispute the allegation in accordance with the regulations; and

            (c)         the allegation has not been disputed in accordance with the regulations.