South Australian Consolidated Acts South Australian Consolidated Acts33D—Provisions relating to seizure
(1) Where a thing has
been seized under this Division the following provisions apply:
(a) the
thing must be held pending proceedings for an offence against this Act related
to the thing seized, unless the Minister, on application, authorises its
release to the person from whom it was seized, or to any person who had legal
title to it at the time of its seizure, subject to such conditions as the
Minister thinks fit (including conditions as to the giving of security for
satisfaction of an order under paragraph (b)(ii));
(b)
where proceedings for an offence against this Act relating to the thing are
instituted within the prescribed period after its seizure and the defendant is
convicted or found guilty of the offence, the court may—
(i)
order that it be forfeited to the Minister; or
(ii)
where it has been released pursuant to
paragraph (a)—order that it be forfeited to the Minister or that
the person to whom it was released or the defendant pay to the Minister an
amount equal to its market value at the time of its seizure, as the court
thinks fit;
(c)
where—
(i)
proceedings are not instituted for an offence against
this Act relating to the thing within the prescribed period after its seizure;
or
(ii)
proceedings have been so instituted and—
(A) the defendant is found not guilty of
the offence; or
(B) the defendant is convicted or found
guilty of the offence but no order for forfeiture is made under
paragraph (b),
then the person from whom the thing was seized, or any person with legal title
to it, is entitled to recover from the Minister (if necessary, by action in a
court of competent jurisdiction) the thing itself, or if it has been damaged
or destroyed, compensation of an amount equal to its market value at the time
of its seizure.
(2) In
subsection (1)—
"the prescribed period" means six months or such longer period as the
ERD Court may, on application by the Minister, allow.