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.
As put by Kyam Maher
These measures are designed to help keep South Australians safe, and ensure that authorities have the tools they need at their disposal to take action against offenders.
The reforms to our criminal asset confiscation laws are an important response to a recent review of the adequacy of these laws, and take a number of steps to strengthen the important work authorities do in this area.
Clarifying the laws around the prosecution of attempted drug offences will also help give the Office of the Director of Public Prosecutions greater confidence when taking action against offenders.
As put by Stephen Mullighan
The State Government is ensuring SA Police have the powers they need to crackdown on drug offending in South Australia.
These reforms, enabling police to swiftly seize the assets of criminals, will help stop offenders in their tracks and deter others from choosing a life of crime.
As put by SAPOL Assistant Commissioner John Venditto
Each of the new measures will contribute to the further disruption of serious drug offending and organised crime in South Australia.
The amendments will allow police to gather information sooner to enable assets to be locked down faster and compel offenders to provide accurate information about their assets early in proceedings to prevent later fabrication of third-party claims to try and keep their tainted property.
And they also capture prescribed drug offenders who structure their criminal activity to avoid losing their ill-gotten gains and facilitators, such as accountants who assist them, if they are charged with the same offences.
The changes will ensure the environment for organised crime in South Australia is even more hostile.
