A raft of measures aimed at strengthening the power of authorities to stifle the operations of serious drug offenders as part of the Government’s legislative agenda on law and order have commenced after recently passing State Parliament.
The reforms will strengthen the laws around the prosecution of drug dealers and the confiscation of the proceeds of their crimes, whether it’s money, cars, houses or other assets.
Assets of prescribed drug offenders are confiscated by the Crown, with proceeds going to the Justice Rehabilitation Fund. That money is then used to fund programs and initiatives for rehabilitation and crime prevention.
Under the reforms, police and courts will have new powers to:
- Stop prescribed drug offenders from getting rid of their assets before they are confiscated;
- Demand that third parties and banks comply with freezing orders on bank accounts and provide information to assist with the confiscation; and
- Increase maximum penalties for non-compliance under the Act to $100,000
Other reforms to the state’s controlled substances laws have also recently passed Parliament. These reforms clarify that the prosecution does not need to establish that the accused knew or was reckless with respect to the particular identity or quantity of a controlled substance for drug offences and attempted drug offences.
This will ensure that those who try and import drugs into South Australia will face the full force of the law.
Vision of confiscated criminal assets is available here (external site).