South Australian Current Acts South Australian Current Acts87B—Remotely piloted aircraft—special powers
(1) The CE may cause a
remotely piloted aircraft to be seized and retained if the CE reasonably
suspects that the remotely piloted aircraft has been operated in contravention
of section 87A or affords evidence as to the commission of an offence
against that section.
(2) If the Magistrates
Court, on application by the CE, or any court hearing proceedings for an
offence against section 87A, finds that a remotely piloted aircraft
seized under subsection (1) (a "seized remotely piloted aircraft ) was
the subject of an offence against section 87A, the court may, by order,
forfeit the seized remotely piloted aircraft to the Crown.
(3) A seized remotely
piloted aircraft that is the subject of an order for forfeiture under this
section may be sold, destroyed or otherwise disposed of as the CE directs.
(4) Subject to
subsection (5), if a seized remotely piloted aircraft has not been
forfeited to the Crown in proceedings commenced within the prescribed period
after its seizure, a person from whose lawful possession the remotely piloted
aircraft was seized, or a person with legal title to it, is entitled to
recover the seized remotely piloted aircraft from the CE (if necessary, by
action in a court of competent jurisdiction).
(5) Despite
subsection (4), a court hearing proceedings under that subsection in
relation to a seized remotely piloted aircraft may, if it thinks fit, make an
order under subsection (2) for forfeiture of the seized remotely piloted
aircraft to the Crown.
(6) Nothing in this
section affects the operation of the Criminal Assets Confiscation
Act 2005 .
(7) In this
section—
"aircraft" has the meaning given by section 87A(2);
"prescribed period" means 2 years or such longer period as the Magistrates
Court may, on application by the CE, allow.