{"id":"qld:act-2002-068","name":"Criminal Proceeds Confiscation Act 2002","slug":"criminal-proceeds-confiscation-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"68 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68676,"registerId":"qld-act-2002-068-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.13","sectionType":"section","heading":"Explanation of ch 2","content":"### sec.13 Explanation of ch 2\n\nThis chapter enables proceedings to be started to confiscate property derived from illegal activity whether or not a person who engaged in the relevant activity has been convicted of any offence.\nAlso, this chapter enables proceedings to be taken to confiscate property derived from a serious crime related activity even though the person who engaged in the relevant activity has not been identified.\nThe chapter enables the Supreme Court, as a preliminary step, to make a restraining order preventing property, whether the property of the person who engaged in the relevant illegal activity or the serious crime derived property of someone else, being dealt with without the court’s leave.\nThe court must make a forfeiture order confiscating the property (unless it is not in the public interest to make the order) if it finds it is more probable than not that—\nthe person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or\nthe property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.\nThe court may also make a proceeds assessment order against a person who has engaged in a serious crime related activity, requiring the person to pay to the State the amount the court decides is the value of proceeds derived from the person’s illegal activity over a period of up to 6 years before the application for the order is made.\nThe chapter also enables the court to make an unexplained wealth order against a person, requiring the person to pay to the State an amount worked out under section 89L (2) or (3) .\nThe amount payable under the proceeds assessment order or unexplained wealth order may be recovered as a debt payable to the State.\nThe chapter contains other ancillary provisions including provisions giving persons opportunities to have lawfully acquired property excluded from the effect of restraining orders and forfeiture orders.\ns 13 amd 2013 No. 21 s 18\n(sec.13-ssec.1) This chapter enables proceedings to be started to confiscate property derived from illegal activity whether or not a person who engaged in the relevant activity has been convicted of any offence.\n(sec.13-ssec.2) Also, this chapter enables proceedings to be taken to confiscate property derived from a serious crime related activity even though the person who engaged in the relevant activity has not been identified.\n(sec.13-ssec.3) The chapter enables the Supreme Court, as a preliminary step, to make a restraining order preventing property, whether the property of the person who engaged in the relevant illegal activity or the serious crime derived property of someone else, being dealt with without the court’s leave.\n(sec.13-ssec.4) The court must make a forfeiture order confiscating the property (unless it is not in the public interest to make the order) if it finds it is more probable than not that— the person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or the property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.\n(sec.13-ssec.5) The court may also make a proceeds assessment order against a person who has engaged in a serious crime related activity, requiring the person to pay to the State the amount the court decides is the value of proceeds derived from the person’s illegal activity over a period of up to 6 years before the application for the order is made.\n(sec.13-ssec.6) The chapter also enables the court to make an unexplained wealth order against a person, requiring the person to pay to the State an amount worked out under section 89L (2) or (3) .\n(sec.13-ssec.7) The amount payable under the proceeds assessment order or unexplained wealth order may be recovered as a debt payable to the State.\n(sec.13-ssec.8) The chapter contains other ancillary provisions including provisions giving persons opportunities to have lawfully acquired property excluded from the effect of restraining orders and forfeiture orders.\n- (a) the person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or\n- (b) the property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.","sortOrder":1},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of ch 2","content":"### sec.14 Application of ch 2\n\nSubject to the limitation period imposed under section 58 , this chapter applies in relation to illegal activity or serious crime related activity whether happening before or after the commencement of this section.","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":3},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"References to relevant offences","content":"## References to relevant offences","sortOrder":4},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of illegal activity","content":"### sec.15 Meaning of illegal activity\n\nAn illegal activity is an activity that is—\na serious crime related activity; or\nan act or omission that is an offence against the law of Queensland or the Commonwealth; or\nan act or omission committed outside Queensland that—\nis an offence against the law of the place in which it is committed; and\nwould be an offence mentioned in paragraph (b) if it were committed in Queensland.\nThis definition applies to the whole Act. See the dictionary.\n- (a) a serious crime related activity; or\n- (b) an act or omission that is an offence against the law of Queensland or the Commonwealth; or\n- (c) an act or omission committed outside Queensland that— (i) is an offence against the law of the place in which it is committed; and (ii) would be an offence mentioned in paragraph (b) if it were committed in Queensland.\n- (i) is an offence against the law of the place in which it is committed; and\n- (ii) would be an offence mentioned in paragraph (b) if it were committed in Queensland.\n- (i) is an offence against the law of the place in which it is committed; and\n- (ii) would be an offence mentioned in paragraph (b) if it were committed in Queensland.","sortOrder":5},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of serious crime related activity and external serious crime related activity","content":"### sec.16 Meaning of serious crime related activity and external serious crime related activity\n\nAnything done by a person that was, when it was done, a serious criminal offence, is a serious crime related activity .\nSubsection (1) applies whether or not the person has been charged with the offence or, if charged—\nhas been tried; or\nhas been tried and acquitted; or\nhas been convicted, even if the conviction has been quashed or set aside.\nAn external serious crime related activity is a serious crime related activity arising out of an offence under the law of the Commonwealth or a place outside Queensland, including outside Australia, that, if the offence had been committed in Queensland, would be a serious criminal offence.\ns 16 amd 2009 No. 2 s 5\n(sec.16-ssec.1) Anything done by a person that was, when it was done, a serious criminal offence, is a serious crime related activity .\n(sec.16-ssec.2) Subsection (1) applies whether or not the person has been charged with the offence or, if charged— has been tried; or has been tried and acquitted; or has been convicted, even if the conviction has been quashed or set aside.\n(sec.16-ssec.3) An external serious crime related activity is a serious crime related activity arising out of an offence under the law of the Commonwealth or a place outside Queensland, including outside Australia, that, if the offence had been committed in Queensland, would be a serious criminal offence.\n- (a) has been tried; or\n- (b) has been tried and acquitted; or\n- (c) has been convicted, even if the conviction has been quashed or set aside.","sortOrder":6},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of serious criminal offence","content":"### sec.17 Meaning of serious criminal offence\n\nAn offence is a serious criminal offence if it is any of the following—\nan indictable offence for which the maximum penalty is at least 5 years imprisonment;\nan offence prescribed under a regulation for this definition;\nan offence under the law of the Commonwealth or a place outside Queensland, including outside Australia, that, if the offence had been committed in Queensland, would be an offence mentioned in paragraph (a) or (b) ;\nan ancillary offence to an offence mentioned in paragraph (a) , (b) or (c) including an offence that would be an ancillary offence to an offence mentioned in paragraph (c) if the offence had been committed in Queensland.\nIn this section—\nindictable offence includes an indictable offence dealt with summarily.\ns 17 amd 2009 No. 2 s 6 ; 2010 No. 42 s 214 sch\n(sec.17-ssec.1) An offence is a serious criminal offence if it is any of the following— an indictable offence for which the maximum penalty is at least 5 years imprisonment; an offence prescribed under a regulation for this definition; an offence under the law of the Commonwealth or a place outside Queensland, including outside Australia, that, if the offence had been committed in Queensland, would be an offence mentioned in paragraph (a) or (b) ; an ancillary offence to an offence mentioned in paragraph (a) , (b) or (c) including an offence that would be an ancillary offence to an offence mentioned in paragraph (c) if the offence had been committed in Queensland.\n(sec.17-ssec.2) In this section— indictable offence includes an indictable offence dealt with summarily.\n- (a) an indictable offence for which the maximum penalty is at least 5 years imprisonment;\n- (b) an offence prescribed under a regulation for this definition;\n- (c) an offence under the law of the Commonwealth or a place outside Queensland, including outside Australia, that, if the offence had been committed in Queensland, would be an offence mentioned in paragraph (a) or (b) ;\n- (d) an ancillary offence to an offence mentioned in paragraph (a) , (b) or (c) including an offence that would be an ancillary offence to an offence mentioned in paragraph (c) if the offence had been committed in Queensland.","sortOrder":7},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"References to proceeds, property and benefits","content":"## References to proceeds, property and benefits","sortOrder":8},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of proceeds","content":"### sec.18 Meaning of proceeds\n\nProceeds , in relation to an activity, includes property and another benefit derived because of the activity—\nby the person who engaged in the activity; or\nby another person at the direction or request, directly or indirectly, of the person who engaged in the activity.\n- (a) by the person who engaged in the activity; or\n- (b) by another person at the direction or request, directly or indirectly, of the person who engaged in the activity.","sortOrder":9},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of property","content":"### sec.19 Meaning of property\n\nProperty of a person—\nincludes—\nan interest the person has in a licence a person must hold to carry on a particular business; and\nan interest the person has in the goodwill of a business; and\nproperty of someone else that is under the effective control of the person; and\ndoes not include property of the person that is under the effective control of someone else.\nThis provision is in addition to the definition of property given by the Acts Interpretation Act 1954 , schedule 1 .\ns 19 amd 2004 No. 43 s 35 ; 2013 No. 39 s 110 (1) sch 3 pt 1\n- (a) includes— (i) an interest the person has in a licence a person must hold to carry on a particular business; and (ii) an interest the person has in the goodwill of a business; and (iii) property of someone else that is under the effective control of the person; and\n- (i) an interest the person has in a licence a person must hold to carry on a particular business; and\n- (ii) an interest the person has in the goodwill of a business; and\n- (iii) property of someone else that is under the effective control of the person; and\n- (b) does not include property of the person that is under the effective control of someone else.\n- (i) an interest the person has in a licence a person must hold to carry on a particular business; and\n- (ii) an interest the person has in the goodwill of a business; and\n- (iii) property of someone else that is under the effective control of the person; and","sortOrder":10},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of effective control of property","content":"### sec.20 Meaning of effective control of property\n\nProperty may be under a person’s effective control even if—\nthe person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or\nthe person does not otherwise have an interest in the property.\nRegard may be had to all relevant matters in deciding—\nwhether or not property is under a person’s effective control; or\nwhether or not there are reasonable grounds to suspect that property is under a person’s effective control.\nMatters to which regard may be had include, for example—\nshareholdings in, debentures over, or directorships of, a corporation that has a direct or indirect interest in the property; and\na trust that has a relationship to the property; and\nfamily, domestic, business and other relationships between any of the following and other persons—\npersons having an interest in the property;\ncorporations that have a direct or indirect interest in the property;\ntrusts that have a relationship to the property.\nHowever, property is under the effective control of a person (the first person ) if the property—\nis held by another person for the ultimate benefit of the first person; or\nwas a gift given by the first person to another person within 6 years before the making of an application for a restraining order, whether or not the gift is still in the other person’s possession.\nSubsection (6) applies if—\na restraining order is made for particular property because a person to whom the restraining order relates has effective control of the property; and\nthe restraining order directs the public trustee to take control of the property.\nFor the purposes of the Supreme Court’s power to make further orders under this chapter in relation to the property in reliance, directly or indirectly, on a provision of this Act that mentions property that is, or is not, under the effective control of the person, the property is taken to continue to be under the effective control of the person.\nThis definition applies to the whole Act. See the dictionary.\ns 20 amd 2009 No. 2 s 7\n(sec.20-ssec.1) Property may be under a person’s effective control even if— the person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or the person does not otherwise have an interest in the property.\n(sec.20-ssec.2) Regard may be had to all relevant matters in deciding— whether or not property is under a person’s effective control; or whether or not there are reasonable grounds to suspect that property is under a person’s effective control.\n(sec.20-ssec.3) Matters to which regard may be had include, for example— shareholdings in, debentures over, or directorships of, a corporation that has a direct or indirect interest in the property; and a trust that has a relationship to the property; and family, domestic, business and other relationships between any of the following and other persons— persons having an interest in the property; corporations that have a direct or indirect interest in the property; trusts that have a relationship to the property.\n(sec.20-ssec.4) However, property is under the effective control of a person (the first person ) if the property— is held by another person for the ultimate benefit of the first person; or was a gift given by the first person to another person within 6 years before the making of an application for a restraining order, whether or not the gift is still in the other person’s possession.\n(sec.20-ssec.5) Subsection (6) applies if— a restraining order is made for particular property because a person to whom the restraining order relates has effective control of the property; and the restraining order directs the public trustee to take control of the property.\n(sec.20-ssec.6) For the purposes of the Supreme Court’s power to make further orders under this chapter in relation to the property in reliance, directly or indirectly, on a provision of this Act that mentions property that is, or is not, under the effective control of the person, the property is taken to continue to be under the effective control of the person. This definition applies to the whole Act. See the dictionary.\n- (a) the person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or\n- (b) the person does not otherwise have an interest in the property.\n- (a) whether or not property is under a person’s effective control; or\n- (b) whether or not there are reasonable grounds to suspect that property is under a person’s effective control.\n- (a) shareholdings in, debentures over, or directorships of, a corporation that has a direct or indirect interest in the property; and\n- (b) a trust that has a relationship to the property; and\n- (c) family, domestic, business and other relationships between any of the following and other persons— (i) persons having an interest in the property; (ii) corporations that have a direct or indirect interest in the property; (iii) trusts that have a relationship to the property.\n- (i) persons having an interest in the property;\n- (ii) corporations that have a direct or indirect interest in the property;\n- (iii) trusts that have a relationship to the property.\n- (i) persons having an interest in the property;\n- (ii) corporations that have a direct or indirect interest in the property;\n- (iii) trusts that have a relationship to the property.\n- (a) is held by another person for the ultimate benefit of the first person; or\n- (b) was a gift given by the first person to another person within 6 years before the making of an application for a restraining order, whether or not the gift is still in the other person’s possession.\n- (a) a restraining order is made for particular property because a person to whom the restraining order relates has effective control of the property; and\n- (b) the restraining order directs the public trustee to take control of the property.","sortOrder":11},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of benefit and benefit derived","content":"### sec.21 Meaning of benefit and benefit derived\n\nBenefit includes service and advantage.\nA benefit derived by a person includes a benefit derived by someone else at the person’s request or direction.\n(sec.21-ssec.1) Benefit includes service and advantage.\n(sec.21-ssec.2) A benefit derived by a person includes a benefit derived by someone else at the person’s request or direction.","sortOrder":12},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"References to illegally acquired property and serious crime derived property","content":"## References to illegally acquired property and serious crime derived property","sortOrder":13},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of illegally acquired property","content":"### sec.22 Meaning of illegally acquired property\n\nProperty is illegally acquired property if it is all or part of the proceeds of an illegal activity.\nProperty is also illegally acquired property if—\nit is all or part of the proceeds of dealing with illegally acquired property; or\nall or part of it was acquired using illegally acquired property.\nFor subsection (2) , it does not matter whether the property dealt with or used in the acquisition became illegally acquired property because of subsection (1) or subsection (2) .\nSubsections (1) and (2) apply whether or not the activity, dealing or acquisition because of which the property became illegally acquired property happened before the commencement of this section.\nAlso, if the proceeds of dealing with illegally acquired property are credited to or placed in an account, the proceeds do not lose their identity as proceeds because they are credited to or placed in an account.\nGenerally, illegally acquired property is used in this chapter, but some provisions, for example, section 28 (3) (c) , use the narrower expression serious crime derived property .\nThis definition applies to the whole Act. See the dictionary.\n(sec.22-ssec.1) Property is illegally acquired property if it is all or part of the proceeds of an illegal activity.\n(sec.22-ssec.2) Property is also illegally acquired property if— it is all or part of the proceeds of dealing with illegally acquired property; or all or part of it was acquired using illegally acquired property.\n(sec.22-ssec.3) For subsection (2) , it does not matter whether the property dealt with or used in the acquisition became illegally acquired property because of subsection (1) or subsection (2) .\n(sec.22-ssec.4) Subsections (1) and (2) apply whether or not the activity, dealing or acquisition because of which the property became illegally acquired property happened before the commencement of this section.\n(sec.22-ssec.5) Also, if the proceeds of dealing with illegally acquired property are credited to or placed in an account, the proceeds do not lose their identity as proceeds because they are credited to or placed in an account. Generally, illegally acquired property is used in this chapter, but some provisions, for example, section 28 (3) (c) , use the narrower expression serious crime derived property . This definition applies to the whole Act. See the dictionary.\n- (a) it is all or part of the proceeds of dealing with illegally acquired property; or\n- (b) all or part of it was acquired using illegally acquired property.","sortOrder":14},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of serious crime derived property","content":"### sec.23 Meaning of serious crime derived property\n\nProperty is serious crime derived property if it is all or part of the proceeds of a serious crime related activity.\nProperty is also serious crime derived property if—\nit is all or part of the proceeds of dealing with serious crime derived property; or\nall or part of it was acquired using serious crime derived property.\nFor subsection (2) , it does not matter whether the property dealt with or used in the acquisition became serious crime derived property because of subsection (1) or subsection (2) .\nSubsections (1) and (2) apply whether or not the activity, dealing or acquisition because of which the property became serious crime derived property happened before the commencement of this section.\nAlso, if the proceeds of dealing with serious crime derived property are credited to or placed in an account, the proceeds do not lose their identity as proceeds because they are credited to or placed in an account.\n(sec.23-ssec.1) Property is serious crime derived property if it is all or part of the proceeds of a serious crime related activity.\n(sec.23-ssec.2) Property is also serious crime derived property if— it is all or part of the proceeds of dealing with serious crime derived property; or all or part of it was acquired using serious crime derived property.\n(sec.23-ssec.3) For subsection (2) , it does not matter whether the property dealt with or used in the acquisition became serious crime derived property because of subsection (1) or subsection (2) .\n(sec.23-ssec.4) Subsections (1) and (2) apply whether or not the activity, dealing or acquisition because of which the property became serious crime derived property happened before the commencement of this section.\n(sec.23-ssec.5) Also, if the proceeds of dealing with serious crime derived property are credited to or placed in an account, the proceeds do not lose their identity as proceeds because they are credited to or placed in an account.\n- (a) it is all or part of the proceeds of dealing with serious crime derived property; or\n- (b) all or part of it was acquired using serious crime derived property.","sortOrder":15},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.24 Definitions for sdiv 2\n\nIn this subdivision—\ncharacter of property means its character as either illegally acquired property or serious crime derived property.\nproperty means property that is either of the following because of subdivision 1 —\nillegally acquired property;\nserious crime derived property.\n- (a) illegally acquired property;\n- (b) serious crime derived property.","sortOrder":16},{"sectionNumber":"sec.25","sectionType":"section","heading":"Property retains its character despite disposal","content":"### sec.25 Property retains its character despite disposal\n\nIllegally acquired property or serious crime derived property retains its character—even if it is disposed of, including by using it to acquire other property—until it stops being property of that character under section 26 .","sortOrder":17},{"sectionNumber":"sec.26","sectionType":"section","heading":"When property stops being illegally acquired property or serious crime derived property","content":"### sec.26 When property stops being illegally acquired property or serious crime derived property\n\nProperty stops being illegally acquired property or serious crime derived property—\nwhen it is acquired by a person for sufficient consideration, without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property or serious crime derived property; or\nwhen it vests in a person on the distribution of the estate of a deceased; or\nwhen it is disposed of under this Act, including when discharging a pecuniary penalty order, a proceeds assessment order or an unexplained wealth order; or\nwhen it is the proceeds of the disposal of property under this Act other than by sale under a condition of a restraining order or by order of the Supreme Court under section 46 , 93ZP or 138 ; or\nwhen it is acquired by Legal Aid as payment of reasonable legal expenses payable because of an application under this Act or in defending a charge of an offence; or\nin circumstances prescribed under a regulation.\ns 26 amd 2013 No. 21 s 19\n- (a) when it is acquired by a person for sufficient consideration, without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property or serious crime derived property; or\n- (b) when it vests in a person on the distribution of the estate of a deceased; or\n- (c) when it is disposed of under this Act, including when discharging a pecuniary penalty order, a proceeds assessment order or an unexplained wealth order; or\n- (d) when it is the proceeds of the disposal of property under this Act other than by sale under a condition of a restraining order or by order of the Supreme Court under section 46 , 93ZP or 138 ; or\n- (e) when it is acquired by Legal Aid as payment of reasonable legal expenses payable because of an application under this Act or in defending a charge of an offence; or\n- (f) in circumstances prescribed under a regulation.","sortOrder":18},{"sectionNumber":"sec.27","sectionType":"section","heading":"Property may again become illegally acquired property or serious crime derived property","content":"### sec.27 Property may again become illegally acquired property or serious crime derived property\n\nIf property that was, but is no longer, illegally acquired property or serious crime derived property is again acquired by the person who owned it when it had that character, the property again becomes property of that character unless it is acquired by the person under an order under this Act.\nFor an example of the practical operation of this provision, see schedule 1 , part 1 , example 2.","sortOrder":19},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Restraining orders","content":"# Restraining orders","sortOrder":20},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Application for restraining orders","content":"## Application for restraining orders","sortOrder":21},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application for restraining order","content":"### sec.28 Application for restraining order\n\nThe State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property ) other than in a stated way or in stated circumstances.\nThe application—\nmust be supported by an affidavit of an authorised commission officer or a police officer; and\nmay be made without notice to any person to whom it relates.\nThe application may relate to all or any of the following property—\nfor property of a person suspected of having engaged in 1 or more serious crime related activities (a prescribed respondent )—\nstated property; or\na stated class of property; or\nall property; or\nall property other than stated property; or\nall or stated property acquired after the restraining order is made;\nstated property, or a stated class of property, of a stated person, other than a prescribed respondent;\nstated property suspected of being serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.\nAn application for a restraining order that relates to property of a person suspected of having engaged in 1 or more external serious crime related activities may be made only if the person whose property it is lives in Queensland or the property is situated in Queensland.\nThe court may refuse to consider the application until the State gives the court all the information the court requires about the application in the way the court requires.\nThe court may require additional information supporting the application to be given by affidavit or statutory declaration.\ns 28 amd 2009 No. 2 s 8 ; 2013 No. 21 s 20\n(sec.28-ssec.1) The State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property ) other than in a stated way or in stated circumstances.\n(sec.28-ssec.2) The application— must be supported by an affidavit of an authorised commission officer or a police officer; and may be made without notice to any person to whom it relates.\n(sec.28-ssec.3) The application may relate to all or any of the following property— for property of a person suspected of having engaged in 1 or more serious crime related activities (a prescribed respondent )— stated property; or a stated class of property; or all property; or all property other than stated property; or all or stated property acquired after the restraining order is made; stated property, or a stated class of property, of a stated person, other than a prescribed respondent; stated property suspected of being serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.\n(sec.28-ssec.4) An application for a restraining order that relates to property of a person suspected of having engaged in 1 or more external serious crime related activities may be made only if the person whose property it is lives in Queensland or the property is situated in Queensland.\n(sec.28-ssec.5) The court may refuse to consider the application until the State gives the court all the information the court requires about the application in the way the court requires. The court may require additional information supporting the application to be given by affidavit or statutory declaration.\n- (a) must be supported by an affidavit of an authorised commission officer or a police officer; and\n- (b) may be made without notice to any person to whom it relates.\n- (a) for property of a person suspected of having engaged in 1 or more serious crime related activities (a prescribed respondent )— (i) stated property; or (ii) a stated class of property; or (iii) all property; or (iv) all property other than stated property; or (v) all or stated property acquired after the restraining order is made;\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;\n- (b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent;\n- (c) stated property suspected of being serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;","sortOrder":22},{"sectionNumber":"sec.29","sectionType":"section","heading":"Affidavit","content":"### sec.29 Affidavit\n\nThe affidavit of the authorised commission officer or police officer must state—\nfor property mentioned in section 28 (3) (a) if the serious crime related activity involves an offence stated in schedule 2 , part 1 —the officer suspects the prescribed respondent—\nhas engaged in 1 or more serious crime related activities; and\nthe reason for the suspicion; or\nfor property mentioned in section 28 (3) (a) if paragraph (a) does not apply—the officer suspects the prescribed respondent—\nhas engaged in 1 or more serious crime related activities; and\nhas derived proceeds from engaging in 1 or more of these serious crime related activities; and\nthe reason for the suspicion; or\nfor property mentioned in section 28 (3) (b) —the officer suspects the property is serious crime derived property because of a serious crime related activity of a prescribed respondent and the reason for the suspicion; or\nfor property mentioned in section 28 (3) (c) —the officer suspects the property is serious crime derived property and the reason for the suspicion.\nAlso, for property of a person suspected of having engaged in 1 or more external serious crime related activities, the affidavit must state that the authorised commission officer or police officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity.\ns 29 amd 2009 No. 2 s 9 ; 2013 No. 21 s 21\n(sec.29-ssec.1) The affidavit of the authorised commission officer or police officer must state— for property mentioned in section 28 (3) (a) if the serious crime related activity involves an offence stated in schedule 2 , part 1 —the officer suspects the prescribed respondent— has engaged in 1 or more serious crime related activities; and the reason for the suspicion; or for property mentioned in section 28 (3) (a) if paragraph (a) does not apply—the officer suspects the prescribed respondent— has engaged in 1 or more serious crime related activities; and has derived proceeds from engaging in 1 or more of these serious crime related activities; and the reason for the suspicion; or for property mentioned in section 28 (3) (b) —the officer suspects the property is serious crime derived property because of a serious crime related activity of a prescribed respondent and the reason for the suspicion; or for property mentioned in section 28 (3) (c) —the officer suspects the property is serious crime derived property and the reason for the suspicion.\n(sec.29-ssec.2) Also, for property of a person suspected of having engaged in 1 or more external serious crime related activities, the affidavit must state that the authorised commission officer or police officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity.\n- (a) for property mentioned in section 28 (3) (a) if the serious crime related activity involves an offence stated in schedule 2 , part 1 —the officer suspects the prescribed respondent— (i) has engaged in 1 or more serious crime related activities; and (ii) the reason for the suspicion; or\n- (i) has engaged in 1 or more serious crime related activities; and\n- (ii) the reason for the suspicion; or\n- (b) for property mentioned in section 28 (3) (a) if paragraph (a) does not apply—the officer suspects the prescribed respondent— (i) has engaged in 1 or more serious crime related activities; and (ii) has derived proceeds from engaging in 1 or more of these serious crime related activities; and (iii) the reason for the suspicion; or\n- (i) has engaged in 1 or more serious crime related activities; and\n- (ii) has derived proceeds from engaging in 1 or more of these serious crime related activities; and\n- (iii) the reason for the suspicion; or\n- (c) for property mentioned in section 28 (3) (b) —the officer suspects the property is serious crime derived property because of a serious crime related activity of a prescribed respondent and the reason for the suspicion; or\n- (d) for property mentioned in section 28 (3) (c) —the officer suspects the property is serious crime derived property and the reason for the suspicion.\n- (i) has engaged in 1 or more serious crime related activities; and\n- (ii) the reason for the suspicion; or\n- (i) has engaged in 1 or more serious crime related activities; and\n- (ii) has derived proceeds from engaging in 1 or more of these serious crime related activities; and\n- (iii) the reason for the suspicion; or","sortOrder":23},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice of application","content":"### sec.30 Notice of application\n\nSubject to section 30A (2) , the State must give notice of the application—\nto each person whose property the authorised commission officer or police officer whose affidavit supports the application reasonably believes is the subject of the application; and\nto anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property the subject of the application.\nNotice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application.\nNotice given under subsection (1) (b) must include a statement informing the person that if the person asks, the person will be given a copy of the affidavit supporting the application.\ns 30 sub 2003 No. 55 s 44A\n(sec.30-ssec.1) Subject to section 30A (2) , the State must give notice of the application— to each person whose property the authorised commission officer or police officer whose affidavit supports the application reasonably believes is the subject of the application; and to anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property the subject of the application.\n(sec.30-ssec.2) Notice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application.\n(sec.30-ssec.3) Notice given under subsection (1) (b) must include a statement informing the person that if the person asks, the person will be given a copy of the affidavit supporting the application.\n- (a) to each person whose property the authorised commission officer or police officer whose affidavit supports the application reasonably believes is the subject of the application; and\n- (b) to anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property the subject of the application.","sortOrder":24},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Making restraining orders","content":"## Making restraining orders","sortOrder":25},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Hearing of application","content":"### sec.30A Hearing of application\n\nThe Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider the application without notice having been given if an appropriate officer asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\nA person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 30A ins 2003 No. 55 s 44A\namd 2013 No. 21 s 22\n(sec.30A-ssec.1) The Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\n(sec.30A-ssec.2) Despite subsection (1) , the court must consider the application without notice having been given if an appropriate officer asks the court to do so.\n(sec.30A-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\n(sec.30A-ssec.4) A person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":26},{"sectionNumber":"sec.31","sectionType":"section","heading":"Making restraining order","content":"### sec.31 Making restraining order\n\nThe Supreme Court must make a restraining order in relation to property if, after considering the application and the relevant affidavit, it is satisfied there are reasonable grounds for the suspicion on which the application is based.\nHowever, the court may refuse to make the order if—\nthe court is satisfied in the particular circumstances it is not in the public interest to make the order; or\nthe State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\nThe commission or, if the application is made by a police officer, the commissioner of the police service may, for the State, give the court the undertakings the court requires.\nA restraining order does not apply to property of a person acquired after the order is made unless the order expressly states it applies to the property.\nAlso, the making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to—\na proceeding under this Act; or\na criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\n(sec.31-ssec.1) The Supreme Court must make a restraining order in relation to property if, after considering the application and the relevant affidavit, it is satisfied there are reasonable grounds for the suspicion on which the application is based.\n(sec.31-ssec.2) However, the court may refuse to make the order if— the court is satisfied in the particular circumstances it is not in the public interest to make the order; or the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\n(sec.31-ssec.3) The commission or, if the application is made by a police officer, the commissioner of the police service may, for the State, give the court the undertakings the court requires.\n(sec.31-ssec.4) A restraining order does not apply to property of a person acquired after the order is made unless the order expressly states it applies to the property.\n(sec.31-ssec.5) Also, the making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to— a proceeding under this Act; or a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\n- (a) the court is satisfied in the particular circumstances it is not in the public interest to make the order; or\n- (b) the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\n- (a) a proceeding under this Act; or\n- (b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.","sortOrder":27},{"sectionNumber":"sec.32","sectionType":"section","heading":"Conditions of restraining order","content":"### sec.32 Conditions of restraining order\n\nIt is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\nThe Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following—\na condition about who is to have possession of the property;\na condition of a kind mentioned in section 33 or 34 .\n(sec.32-ssec.1) It is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\n(sec.32-ssec.2) The Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following— a condition about who is to have possession of the property; a condition of a kind mentioned in section 33 or 34 .\n- (a) a condition about who is to have possession of the property;\n- (b) a condition of a kind mentioned in section 33 or 34 .","sortOrder":28},{"sectionNumber":"sec.33","sectionType":"section","heading":"Condition about dealing with property by agreement","content":"### sec.33 Condition about dealing with property by agreement\n\nThe Supreme Court may impose a condition authorising the commission or, if the application is made by a police officer, the commissioner of the police service to agree to—\nthe disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\nthe application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.\ns 33 amd 2013 No. 21 s 23\n- (a) the disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\n- (b) the application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.","sortOrder":29},{"sectionNumber":"sec.34","sectionType":"section","heading":"Condition about particular payments out of restrained property","content":"### sec.34 Condition about particular payments out of restrained property\n\nThe Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order—\nthe person’s reasonable living expenses and reasonable business expenses;\nthe reasonable living expenses of any of the person’s dependants;\na stated debt incurred in good faith by the person.\nSubsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\nAlso, subsection (1) applies only if the Supreme Court is satisfied—\nthe person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt; and\nthe property from which the expenses or debt are to be paid is not illegally acquired property.\nFurther, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\ns 34 amd 2013 No. 21 s 24\n(sec.34-ssec.1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order— the person’s reasonable living expenses and reasonable business expenses; the reasonable living expenses of any of the person’s dependants; a stated debt incurred in good faith by the person.\n(sec.34-ssec.2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\n(sec.34-ssec.3) Also, subsection (1) applies only if the Supreme Court is satisfied— the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt; and the property from which the expenses or debt are to be paid is not illegally acquired property.\n(sec.34-ssec.4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (a) the person’s reasonable living expenses and reasonable business expenses;\n- (b) the reasonable living expenses of any of the person’s dependants;\n- (c) a stated debt incurred in good faith by the person.\n- (a) the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt; and\n- (b) the property from which the expenses or debt are to be paid is not illegally acquired property.\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.","sortOrder":30},{"sectionNumber":"sec.35","sectionType":"section","heading":"Restraining order may direct public trustee to take control of property","content":"### sec.35 Restraining order may direct public trustee to take control of property\n\nIf the Supreme Court considers the circumstances require it, the court may, in a restraining order or a later order, direct the public trustee to take control of some or all of the property restrained under the order.","sortOrder":31},{"sectionNumber":"sec.36","sectionType":"section","heading":"Duration of restraining order","content":"### sec.36 Duration of restraining order\n\nA restraining order is in force for 28 days after it is made.\nDespite subsection (1) , a restraining order continues in force after the end of the 28 days if—\nbefore the end of the 28 days, an application for any of the following is made but the application has not been decided—\na forfeiture order for the restrained property;\na proceeds assessment order against the person whose property is restrained under the restraining order;\nan unexplained wealth order against the person whose property is restrained under the restraining order; or\nthere is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or\nthe order continues in force because of an order of the Supreme Court under section 54 .\ns 36 amd 2013 No. 21 s 25\n(sec.36-ssec.1) A restraining order is in force for 28 days after it is made.\n(sec.36-ssec.2) Despite subsection (1) , a restraining order continues in force after the end of the 28 days if— before the end of the 28 days, an application for any of the following is made but the application has not been decided— a forfeiture order for the restrained property; a proceeds assessment order against the person whose property is restrained under the restraining order; an unexplained wealth order against the person whose property is restrained under the restraining order; or there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or the order continues in force because of an order of the Supreme Court under section 54 .\n- (a) before the end of the 28 days, an application for any of the following is made but the application has not been decided— (i) a forfeiture order for the restrained property; (ii) a proceeds assessment order against the person whose property is restrained under the restraining order; (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or\n- (i) a forfeiture order for the restrained property;\n- (ii) a proceeds assessment order against the person whose property is restrained under the restraining order;\n- (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or\n- (b) there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities were the basis of the restraining order; or\n- (c) the order continues in force because of an order of the Supreme Court under section 54 .\n- (i) a forfeiture order for the restrained property;\n- (ii) a proceeds assessment order against the person whose property is restrained under the restraining order;\n- (iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or","sortOrder":32},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Making other orders","content":"## Making other orders","sortOrder":33},{"sectionNumber":"sec.37","sectionType":"section","heading":"Supreme Court may make other orders","content":"### sec.37 Supreme Court may make other orders\n\nThe Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 38 and 38A .\nHowever, section 38 (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\nThe court may make an order under this section—\nwhen making the restraining order or, on application, at a later time; and\nwhether or not it affects a person whose property is restrained under the restraining order.\nAny of the following may apply for an order, other than an investigation order, under this section—\nthe State;\na person whose property is restrained under the restraining order;\nif the restraining order directs the public trustee to take control of restrained property under the restraining order—the public trustee.\nAnother person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\nAn applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\nAn applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\nThe State may apply for an investigation order.\nThe State must give notice of an application under subsection (8) —\nto the person to whom the order is to be directed if the order is to be made under section 38A (1) (a) , (b) , or (c); or\nto the person whose property is to be seized if the order is made under section 38A (1) (d) .\nSubsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\nAlso, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 37A (2) .\ns 37 amd 2009 No. 2 s 10\n(sec.37-ssec.1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 38 and 38A .\n(sec.37-ssec.2) However, section 38 (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n(sec.37-ssec.3) The court may make an order under this section— when making the restraining order or, on application, at a later time; and whether or not it affects a person whose property is restrained under the restraining order.\n(sec.37-ssec.4) Any of the following may apply for an order, other than an investigation order, under this section— the State; a person whose property is restrained under the restraining order; if the restraining order directs the public trustee to take control of restrained property under the restraining order—the public trustee.\n(sec.37-ssec.5) Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\n(sec.37-ssec.6) An applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\n(sec.37-ssec.7) An applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\n(sec.37-ssec.8) The State may apply for an investigation order.\n(sec.37-ssec.9) The State must give notice of an application under subsection (8) — to the person to whom the order is to be directed if the order is to be made under section 38A (1) (a) , (b) , or (c); or to the person whose property is to be seized if the order is made under section 38A (1) (d) .\n(sec.37-ssec.10) Subsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\n(sec.37-ssec.11) Also, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 37A (2) .\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n- (a) when making the restraining order or, on application, at a later time; and\n- (b) whether or not it affects a person whose property is restrained under the restraining order.\n- (a) the State;\n- (b) a person whose property is restrained under the restraining order;\n- (c) if the restraining order directs the public trustee to take control of restrained property under the restraining order—the public trustee.\n- (a) to the person to whom the order is to be directed if the order is to be made under section 38A (1) (a) , (b) , or (c); or\n- (b) to the person whose property is to be seized if the order is made under section 38A (1) (d) .","sortOrder":34},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Hearing of application","content":"### sec.37A Hearing of application\n\nThe Supreme Court must not hear an application for an order under section 37 unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\nA person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 37A ins 2009 No. 2 s 11\n(sec.37A-ssec.1) The Supreme Court must not hear an application for an order under section 37 unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\n(sec.37A-ssec.2) Despite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\n(sec.37A-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\n(sec.37A-ssec.4) A person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":35},{"sectionNumber":"sec.38","sectionType":"section","heading":"Administration orders Supreme Court may make","content":"### sec.38 Administration orders Supreme Court may make\n\nThe court may make any of the following orders under section 37 (each an administration order )—\nan order varying the property restrained under the restraining order;\nan order imposing additional conditions on the restraining order or varying a condition of the order;\nan order about the performance of an undertaking given in relation to the restraining order for the payment of damages or costs;\nif the restraining order directs the public trustee to take control of property, an order—\nregulating the way the public trustee may perform functions under the restraining order; or\ndeciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\nan order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within the State;\nan order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\nA person must not contravene an order mentioned in subsection (1) (e) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 38 amd 2003 No. 55 s 45\nsub 2009 No. 2 s 12\n(sec.38-ssec.1) The court may make any of the following orders under section 37 (each an administration order )— an order varying the property restrained under the restraining order; an order imposing additional conditions on the restraining order or varying a condition of the order; an order about the performance of an undertaking given in relation to the restraining order for the payment of damages or costs; if the restraining order directs the public trustee to take control of property, an order— regulating the way the public trustee may perform functions under the restraining order; or deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee; an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within the State; an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n(sec.38-ssec.2) A person must not contravene an order mentioned in subsection (1) (e) . Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) an order varying the property restrained under the restraining order;\n- (b) an order imposing additional conditions on the restraining order or varying a condition of the order;\n- (c) an order about the performance of an undertaking given in relation to the restraining order for the payment of damages or costs;\n- (d) if the restraining order directs the public trustee to take control of property, an order— (i) regulating the way the public trustee may perform functions under the restraining order; or (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (e) an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within the State;\n- (f) an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— (i) the person is a party to a proceeding under this Act; or (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.","sortOrder":36},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Investigation orders Supreme Court may make","content":"### sec.38A Investigation orders Supreme Court may make\n\nAlso, the court may make any of the following orders under section 37 (each an investigation order )—\nan order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following—\nthe affairs of any person whose property is restrained under the restraining order;\nthe nature and location of any property of a person whose property is restrained under the restraining order;\nthe nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property;\nan order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\nan order ( property particulars order ) directing any of the following to give to the commission within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate—\na person whose property is restrained under the restraining order;\na person whose property the restrained property was at any time before the restraining order was made;\nif the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\nan order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order.\nSee sections 43 and 44 for the general effect of a property seizure order.\nAn order mentioned in subsection (1) (d) may state the powers the commission officer or police officer may exercise for giving effect to the order.\nSubsection (4) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\nThe examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\ns 38A prev s 38A ins 2003 No. 55 s 46\nom 2009 No. 2 s 14\npres s 38A ins 2009 No. 2 s 13\n(sec.38A-ssec.1) Also, the court may make any of the following orders under section 37 (each an investigation order )— an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— the affairs of any person whose property is restrained under the restraining order; the nature and location of any property of a person whose property is restrained under the restraining order; the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property; an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest; an order ( property particulars order ) directing any of the following to give to the commission within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— a person whose property is restrained under the restraining order; a person whose property the restrained property was at any time before the restraining order was made; if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation; an order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order. See sections 43 and 44 for the general effect of a property seizure order.\n(sec.38A-ssec.2) An order mentioned in subsection (1) (d) may state the powers the commission officer or police officer may exercise for giving effect to the order.\n(sec.38A-ssec.3) Subsection (4) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\n(sec.38A-ssec.4) The examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\n- (a) an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— (i) the affairs of any person whose property is restrained under the restraining order; (ii) the nature and location of any property of a person whose property is restrained under the restraining order; (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property;\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property;\n- (b) an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\n- (c) an order ( property particulars order ) directing any of the following to give to the commission within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— (i) a person whose property is restrained under the restraining order; (ii) a person whose property the restrained property was at any time before the restraining order was made; (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\n- (d) an order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order. Note— See sections 43 and 44 for the general effect of a property seizure order.\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property;\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;","sortOrder":37},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Provisions about particular orders","content":"## Provisions about particular orders","sortOrder":38},{"sectionNumber":"sec.39","sectionType":"section","heading":"Court officer’s power to conduct examinations","content":"### sec.39 Court officer’s power to conduct examinations\n\nThis section applies if a court officer conducts an examination under an examination order.\nThe court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\nHowever, the court officer may not exercise any power of the court to punish for contempt.\ns 39 sub 2009 No. 2 s 15\n(sec.39-ssec.1) This section applies if a court officer conducts an examination under an examination order.\n(sec.39-ssec.2) The court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\n(sec.39-ssec.3) However, the court officer may not exercise any power of the court to punish for contempt.","sortOrder":39},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Time and place of examination","content":"### sec.39A Time and place of examination\n\nThe examination of a person must be conducted at the time and place stated in the examination order.\ns 39A ins 2004 No. 43 s 36","sortOrder":40},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Examination to take place in private","content":"### sec.39B Examination to take place in private\n\nThe examination must take place in private.\nThe court or court officer may give directions about who may be present during the examination, or during a part of it.\nThese people are entitled to be present at the examination—\na lawyer of the person being examined; and\nan appropriate officer; and\na commission officer; and\na lawyer representing an appropriate officer or a commission officer; and\nany person who is entitled to be present because of a direction under subsection (2) .\ns 39B ins 2004 No. 43 s 36\namd 2009 No. 2 s 16\n(sec.39B-ssec.1) The examination must take place in private.\n(sec.39B-ssec.2) The court or court officer may give directions about who may be present during the examination, or during a part of it.\n(sec.39B-ssec.3) These people are entitled to be present at the examination— a lawyer of the person being examined; and an appropriate officer; and a commission officer; and a lawyer representing an appropriate officer or a commission officer; and any person who is entitled to be present because of a direction under subsection (2) .\n- (a) a lawyer of the person being examined; and\n- (b) an appropriate officer; and\n- (c) a commission officer; and\n- (d) a lawyer representing an appropriate officer or a commission officer; and\n- (e) any person who is entitled to be present because of a direction under subsection (2) .","sortOrder":41},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Role of the examinee’s lawyer","content":"### sec.39C Role of the examinee’s lawyer\n\nThe lawyer of the person being examined may, at the times during the examination that the court or court officer decides—\naddress the court or court officer about matters on which the person has been examined; and\nexamine the person about matters on which the person has been examined.\ns 39C ins 2004 No. 43 s 36\namd 2009 No. 2 s 17\n- (a) address the court or court officer about matters on which the person has been examined; and\n- (b) examine the person about matters on which the person has been examined.","sortOrder":42},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Recording evidence","content":"### sec.39D Recording evidence\n\nThe court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\nSubsection (1) applies despite the Recording of Evidence Act 1962 , section 5 .\nThe Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\nThe court or court officer must authenticate and sign any deposition or other recording.\nIf evidence given at an examination is recorded in a deposition, it must—\ncontain, in question and answer form, the evidence of the person examined; and\nbe transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and\nbe signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\nThe court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\ns 39D ins 2004 No. 43 s 36\namd 2009 No. 2 s 18 ; 2013 No. 3 s 61 sch 2\n(sec.39D-ssec.1) The court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\n(sec.39D-ssec.1A) Subsection (1) applies despite the Recording of Evidence Act 1962 , section 5 . The Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\n(sec.39D-ssec.2) The court or court officer must authenticate and sign any deposition or other recording.\n(sec.39D-ssec.3) If evidence given at an examination is recorded in a deposition, it must— contain, in question and answer form, the evidence of the person examined; and be transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\n(sec.39D-ssec.4) The court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\n- (a) contain, in question and answer form, the evidence of the person examined; and\n- (b) be transcribed and read over by or to the person in the court’s and court officer’s presence and in the presence of the parties who wish to attend; and\n- (c) be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.","sortOrder":43},{"sectionNumber":"sec.40","sectionType":"section","heading":"Privilege—examination order","content":"### sec.40 Privilege—examination order\n\nA person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that—\nanswering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\nproducing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\nanswering the question or producing the document would disclose information that is the subject of legal professional privilege.\nA statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than—\na proceeding about the false or misleading nature of the statement or disclosure; or\na proceeding on an application under this Act; or\na proceeding for the enforcement of a confiscation order; or\nfor a document or other thing, a proceeding about a right or liability it confers or imposes.\n(sec.40-ssec.1) A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that— answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n(sec.40-ssec.2) A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than— a proceeding about the false or misleading nature of the statement or disclosure; or a proceeding on an application under this Act; or a proceeding for the enforcement of a confiscation order; or for a document or other thing, a proceeding about a right or liability it confers or imposes.\n- (a) answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\n- (b) producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\n- (c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n- (a) a proceeding about the false or misleading nature of the statement or disclosure; or\n- (b) a proceeding on an application under this Act; or\n- (c) a proceeding for the enforcement of a confiscation order; or\n- (d) for a document or other thing, a proceeding about a right or liability it confers or imposes.","sortOrder":44},{"sectionNumber":"sec.41","sectionType":"section","heading":"Offence to contravene examination order","content":"### sec.41 Offence to contravene examination order\n\nA person who is required to attend an examination under an examination order under this part must not—\nfail to attend as required by the order, unless the person has a reasonable excuse; or\nfail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\nfail to take an oath for the purpose of the examination; or\nfail to answer a question that the person is directed to answer by the court or court officer; or\nmake a statement in the examination that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 41 amd 2009 No. 2 s 19\n- (a) fail to attend as required by the order, unless the person has a reasonable excuse; or\n- (b) fail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\n- (c) fail to take an oath for the purpose of the examination; or\n- (d) fail to answer a question that the person is directed to answer by the court or court officer; or\n- (e) make a statement in the examination that is false or misleading in a material particular.","sortOrder":45},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Use and dissemination of examination information","content":"### sec.41A Use and dissemination of examination information\n\nThis section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ).\nThe DPP or the commission may give the examination information to—\na corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\nan entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\nThe giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by—\nthe fact that the examination information was obtained because of section 40 and subject to section 39B ; or\nany duty of confidentiality owed to the person from whom the examination information was obtained; or\nthe objects of this Act or the particular purpose for which the examination information was obtained.\nIn this section—\nentity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\ns 41A ins 2009 No. 2 s 20\n(sec.41A-ssec.1) This section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ).\n(sec.41A-ssec.2) The DPP or the commission may give the examination information to— a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n(sec.41A-ssec.3) The giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by— the fact that the examination information was obtained because of section 40 and subject to section 39B ; or any duty of confidentiality owed to the person from whom the examination information was obtained; or the objects of this Act or the particular purpose for which the examination information was obtained.\n(sec.41A-ssec.4) In this section— entity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\n- (a) a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\n- (b) an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n- (a) the fact that the examination information was obtained because of section 40 and subject to section 39B ; or\n- (b) any duty of confidentiality owed to the person from whom the examination information was obtained; or\n- (c) the objects of this Act or the particular purpose for which the examination information was obtained.","sortOrder":46},{"sectionNumber":"sec.42","sectionType":"section","heading":"Privilege—property particulars order","content":"### sec.42 Privilege—property particulars order\n\nA person directed under a property particulars order to give a statement to the commission or the public trustee is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\nIf a person gives a statement to the commission or the public trustee under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.\n(sec.42-ssec.1) A person directed under a property particulars order to give a statement to the commission or the public trustee is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\n(sec.42-ssec.2) If a person gives a statement to the commission or the public trustee under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.","sortOrder":47},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Offence to contravene property particulars order","content":"### sec.42A Offence to contravene property particulars order\n\nA person directed under a property particulars order to give a statement to the commission within a stated period of time—\nmust comply with the direction unless the person has a reasonable excuse; and\nmust not make a statement that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 42A ins 2009 No. 2 s 21\n- (a) must comply with the direction unless the person has a reasonable excuse; and\n- (b) must not make a statement that is false or misleading in a material particular.","sortOrder":48},{"sectionNumber":"sec.43","sectionType":"section","heading":"If property seizure order directed to commission officer","content":"### sec.43 If property seizure order directed to commission officer\n\nThis section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.\nThe order—\nis taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and\nis taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.\nProperty seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .\nThe Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant.\nIt is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\nThe Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.\ns 43 amd 2014 No. 21 s 94 (2) sch 2\n(sec.43-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.\n(sec.43-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.\n(sec.43-ssec.3) Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .\n(sec.43-ssec.4) The Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant.\n(sec.43-ssec.5) It is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\n(sec.43-ssec.6) The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.\n- (a) is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and\n- (b) is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":"If property seizure order directed to police officer","content":"### sec.44 If property seizure order directed to police officer\n\nThis section applies if the Supreme Court makes a property seizure order that is directed to a police officer.\nThe order—\nis taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and\nis taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.\nProperty seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .\nThe Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.\nIt is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\nThe Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.\ns 44 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.44-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a police officer.\n(sec.44-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.\n(sec.44-ssec.3) Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .\n(sec.44-ssec.4) The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.\n(sec.44-ssec.5) It is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place. The Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.\n- (a) is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and\n- (b) is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.","sortOrder":50},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Notice of restraining order and other orders","content":"## Notice of restraining order and other orders","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"Notice of restraining order and other orders","content":"### sec.45 Notice of restraining order and other orders\n\nThis section applies if the Supreme Court—\nmakes a restraining order; or\nmakes another order under division 3 in relation to a restraining order.\nAs soon as practicable after the order is made, the commission must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\nHowever, under subsection (2) the commission is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order made under section 38A (1) (a) , (b) or (c) directed to another person.\nIf the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order.\nHowever, if the application was made for the State by the commissioner of the police service, the commissioner of the police service—\nmust give the commission a copy of the order; and\nmust give the notice required to be given under subsection (2) or (3) .\nA restraining order, or another order under division 3 , does not stop having effect only because a person required to be served under subsection (2) has not been served with a copy of the order.\ns 45 amd 2009 No. 2 s 22\n(sec.45-ssec.1) This section applies if the Supreme Court— makes a restraining order; or makes another order under division 3 in relation to a restraining order.\n(sec.45-ssec.2) As soon as practicable after the order is made, the commission must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\n(sec.45-ssec.2A) However, under subsection (2) the commission is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order made under section 38A (1) (a) , (b) or (c) directed to another person.\n(sec.45-ssec.3) If the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order.\n(sec.45-ssec.4) However, if the application was made for the State by the commissioner of the police service, the commissioner of the police service— must give the commission a copy of the order; and must give the notice required to be given under subsection (2) or (3) .\n(sec.45-ssec.5) A restraining order, or another order under division 3 , does not stop having effect only because a person required to be served under subsection (2) has not been served with a copy of the order.\n- (a) makes a restraining order; or\n- (b) makes another order under division 3 in relation to a restraining order.\n- (a) must give the commission a copy of the order; and\n- (b) must give the notice required to be given under subsection (2) or (3) .","sortOrder":52},{"sectionNumber":"ch.2-pt.3-div.6","sectionType":"division","heading":"Sale of restrained property","content":"## Sale of restrained property","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Supreme Court may order sale of restrained property","content":"### sec.46 Supreme Court may order sale of restrained property\n\nThis section applies to restrained property under a restraining order only if the State applies to the Supreme Court for a forfeiture order for the property and the application has not been decided.\nThe State may, when applying for the forfeiture order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ).\nThe State must give notice of the application to each person who has an interest in the application property.\nThe Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise—\nthe application property may deteriorate or lose value before the forfeiture order application is decided; or\nthe cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.\nThe proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\n(sec.46-ssec.1) This section applies to restrained property under a restraining order only if the State applies to the Supreme Court for a forfeiture order for the property and the application has not been decided.\n(sec.46-ssec.2) The State may, when applying for the forfeiture order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ).\n(sec.46-ssec.3) The State must give notice of the application to each person who has an interest in the application property.\n(sec.46-ssec.4) The Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise— the application property may deteriorate or lose value before the forfeiture order application is decided; or the cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.\n(sec.46-ssec.5) The proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\n- (a) the application property may deteriorate or lose value before the forfeiture order application is decided; or\n- (b) the cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.","sortOrder":54},{"sectionNumber":"ch.2-pt.3-div.7","sectionType":"division","heading":"Exclusion of property from restraining order","content":"## Exclusion of property from restraining order","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Supreme Court may exclude prescribed respondent’s property from restraining order","content":"### sec.47 Supreme Court may exclude prescribed respondent’s property from restraining order\n\nThe prescribed respondent under the restraining order may apply to the Supreme Court to amend the order to exclude particular property of the prescribed respondent from the order.\nThe application must be made before the State applies for a forfeiture order to be made.\nAfter the State applies for a forfeiture order, an application by a prescribed respondent may be made under section 65 or 66 .\nThe prescribed respondent must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\ns 47 amd 2009 No. 2 s 23\n(sec.47-ssec.1) The prescribed respondent under the restraining order may apply to the Supreme Court to amend the order to exclude particular property of the prescribed respondent from the order.\n(sec.47-ssec.2) The application must be made before the State applies for a forfeiture order to be made. After the State applies for a forfeiture order, an application by a prescribed respondent may be made under section 65 or 66 .\n(sec.47-ssec.3) The prescribed respondent must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.47-ssec.3A) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.47-ssec.4) The State must be a party to the application.\n(sec.47-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.47-ssec.6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.47-ssec.7) The State must give the applicant notice of the grounds for opposing the application.\n(sec.47-ssec.8) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.47-ssec.9) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"When Supreme Court may exclude prescribed respondent’s property","content":"### sec.48 When Supreme Court may exclude prescribed respondent’s property\n\nThe Supreme Court may exclude the prescribed respondent’s property from the order if—\nit is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and\nthe property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.\nAlso, the Supreme Court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\nThe Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.\ns 48 amd 2003 No. 55 s 46A ; 2013 No. 21 s 26\n(sec.48-ssec.1) The Supreme Court may exclude the prescribed respondent’s property from the order if— it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.\n(sec.48-ssec.2) Also, the Supreme Court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\n(sec.48-ssec.3) The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.\n- (a) it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and\n- (b) the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"Supreme Court may exclude other property from restraining order","content":"### sec.49 Supreme Court may exclude other property from restraining order\n\nIf the Supreme Court makes a restraining order, a person other than the prescribed respondent (the applicant ) whose property is restrained under the order may apply to the court to amend the order to exclude the applicant’s property from the order.\nThe applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\ns 49 amd 2009 No. 2 s 24\n(sec.49-ssec.1) If the Supreme Court makes a restraining order, a person other than the prescribed respondent (the applicant ) whose property is restrained under the order may apply to the court to amend the order to exclude the applicant’s property from the order.\n(sec.49-ssec.2) The applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.49-ssec.2A) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.49-ssec.3) The State must be a party to the application.\n(sec.49-ssec.4) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.49-ssec.5) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.49-ssec.6) The State must give the applicant notice of the grounds for opposing the application.\n(sec.49-ssec.7) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.49-ssec.8) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"When Supreme Court may exclude applicant’s property","content":"### sec.50 When Supreme Court may exclude applicant’s property\n\nThe Supreme Court may exclude the applicant’s property from the order if it is satisfied the applicant acquired the property—\nin good faith and for sufficient consideration; and\nwithout knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property.\nThe Supreme Court may make the order only to the extent to which the interest in the property concerned was not, when it first became illegally acquired property, acquired using the proceeds of an illegal activity.\nIn addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\nThe Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\ns 50 amd 2003 No. 55 s 46B\n(sec.50-ssec.1) The Supreme Court may exclude the applicant’s property from the order if it is satisfied the applicant acquired the property— in good faith and for sufficient consideration; and without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property.\n(sec.50-ssec.2) The Supreme Court may make the order only to the extent to which the interest in the property concerned was not, when it first became illegally acquired property, acquired using the proceeds of an illegal activity.\n(sec.50-ssec.3) In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\n(sec.50-ssec.4) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\n- (a) in good faith and for sufficient consideration; and\n- (b) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property.","sortOrder":59},{"sectionNumber":"ch.2-pt.3-div.7A","sectionType":"division","heading":"Revocation of restraining order","content":"## Revocation of restraining order","sortOrder":60},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Application to revoke restraining order","content":"### sec.50A Application to revoke restraining order\n\nA person whose property is the subject of a restraining order and who was not given notice of the application for the restraining order may apply to the Supreme Court to revoke the order.\nThe application must be made within 28 days or, with the approval of the court, the further period, of not more than 3 months, after the person is notified of the making of the restraining order.\nThe applicant must give to the State written notice of the making of the application and the grounds for the application.\nThe restraining order remains in force until the court revokes the order or the order otherwise stops having effect.\nThe State may present additional material to the court relating to the application to revoke the restraining order.\nAfter considering the application, the court may revoke the restraining order if satisfied, on the facts before the court, there would be no basis for making a restraining order in relation to the property.\ns 50A ins 2003 No. 55 s 46C\n(sec.50A-ssec.1) A person whose property is the subject of a restraining order and who was not given notice of the application for the restraining order may apply to the Supreme Court to revoke the order.\n(sec.50A-ssec.2) The application must be made within 28 days or, with the approval of the court, the further period, of not more than 3 months, after the person is notified of the making of the restraining order.\n(sec.50A-ssec.3) The applicant must give to the State written notice of the making of the application and the grounds for the application.\n(sec.50A-ssec.4) The restraining order remains in force until the court revokes the order or the order otherwise stops having effect.\n(sec.50A-ssec.5) The State may present additional material to the court relating to the application to revoke the restraining order.\n(sec.50A-ssec.6) After considering the application, the court may revoke the restraining order if satisfied, on the facts before the court, there would be no basis for making a restraining order in relation to the property.","sortOrder":61},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Notice of revocation of restraining order","content":"### sec.50B Notice of revocation of restraining order\n\nOn the revocation of a restraining order under section 50A , the State must give notice of the revocation to—\neach person whose property was restrained under the order, if known; and\nanyone else who was affected by the order.\nSubsection (1) does not require the State to notify the applicant for the revocation of the restraining order of the revocation of the order.\ns 50B ins 2003 No. 55 s 46C\n(sec.50B-ssec.1) On the revocation of a restraining order under section 50A , the State must give notice of the revocation to— each person whose property was restrained under the order, if known; and anyone else who was affected by the order.\n(sec.50B-ssec.2) Subsection (1) does not require the State to notify the applicant for the revocation of the restraining order of the revocation of the order.\n- (a) each person whose property was restrained under the order, if known; and\n- (b) anyone else who was affected by the order.","sortOrder":62},{"sectionNumber":"ch.2-pt.3-div.8","sectionType":"division","heading":"Other provisions about restraining orders","content":"## Other provisions about restraining orders","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Recording of restraining order","content":"### sec.51 Recording of restraining order\n\nThis section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\nOn the application of the commission or the commissioner of the police service, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\nSubsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\nUnless the contrary is proved, a person who later deals with property for which particulars are recorded under subsection (2) is taken to have had notice of the relevant restraining order.\nIf the Land Title Act 1994 applies to the property, the commission or the commissioner of the police service may lodge, and the registrar of titles must register, a caveat over the property under that Act.\nAs soon as practicable after the relevant restraining order stops having effect in relation to the property—\nthe commission or the commissioner of the police service must apply for cancellation of the record of the order; and\nthe authority responsible for administering the relevant law must take the steps necessary to cancel the record.\nAlso, if the commission or the commissioner of the police service lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the commission or the commissioner of the police service must withdraw the caveat.\n(sec.51-ssec.1) This section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\n(sec.51-ssec.2) On the application of the commission or the commissioner of the police service, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\n(sec.51-ssec.3) Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\n(sec.51-ssec.4) Unless the contrary is proved, a person who later deals with property for which particulars are recorded under subsection (2) is taken to have had notice of the relevant restraining order.\n(sec.51-ssec.5) If the Land Title Act 1994 applies to the property, the commission or the commissioner of the police service may lodge, and the registrar of titles must register, a caveat over the property under that Act.\n(sec.51-ssec.6) As soon as practicable after the relevant restraining order stops having effect in relation to the property— the commission or the commissioner of the police service must apply for cancellation of the record of the order; and the authority responsible for administering the relevant law must take the steps necessary to cancel the record.\n(sec.51-ssec.7) Also, if the commission or the commissioner of the police service lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the commission or the commissioner of the police service must withdraw the caveat.\n- (a) the commission or the commissioner of the police service must apply for cancellation of the record of the order; and\n- (b) the authority responsible for administering the relevant law must take the steps necessary to cancel the record.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Contravention of restraining order","content":"### sec.52 Contravention of restraining order\n\nA person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the restrained property is—\na motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 .\nSee section 51 (5) for the obligation of the registrar of titles to register the caveat.\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\ns 52 amd 2010 No. 44 s 170 ; 2013 No. 21 s 27\nsub 2017 No. 6 s 14\n(sec.52-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or 7 years imprisonment.\n(sec.52-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\n(sec.52-ssec.3) However, the defence under subsection (2) is not available to the extent the restrained property is— a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . See section 51 (5) for the obligation of the registrar of titles to register the caveat.\n(sec.52-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.52-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.52-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\n- (a) for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . Note— See section 51 (5) for the obligation of the registrar of titles to register the caveat.\n- (a) did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Restraining order does not prevent other action under this Act","content":"### sec.53 Restraining order does not prevent other action under this Act\n\nA restraining order does not prevent the enforcement of any other order made under this Act against restrained property under a restraining order.","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Effect of dismissal of particular applications on restraining order","content":"### sec.54 Effect of dismissal of particular applications on restraining order\n\nThis section applies if, while a restraining order is in force over property, the Supreme Court dismisses an application for—\na forfeiture order for the property; or\na proceeds assessment order against the person whose property is restrained under the restraining order; or\nan unexplained wealth order against the person whose property is restrained under the restraining order.\nThe Supreme Court may—\nif the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or\nmake another order the court considers appropriate about the operation of the restraining order.\nAn order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.\ns 54 amd 2013 No. 21 s 28\n(sec.54-ssec.1) This section applies if, while a restraining order is in force over property, the Supreme Court dismisses an application for— a forfeiture order for the property; or a proceeds assessment order against the person whose property is restrained under the restraining order; or an unexplained wealth order against the person whose property is restrained under the restraining order.\n(sec.54-ssec.2) The Supreme Court may— if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or make another order the court considers appropriate about the operation of the restraining order.\n(sec.54-ssec.3) An order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.\n- (a) a forfeiture order for the property; or\n- (b) a proceeds assessment order against the person whose property is restrained under the restraining order; or\n- (c) an unexplained wealth order against the person whose property is restrained under the restraining order.\n- (a) if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or\n- (b) make another order the court considers appropriate about the operation of the restraining order.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Authority under restraining order","content":"### sec.55 Authority under restraining order\n\nA restraining order is sufficient authority for a person to whom the order is directed to take all steps necessary or desirable to give effect to the order.","sortOrder":68},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Forfeiture orders","content":"# Forfeiture orders","sortOrder":69},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Making and effect of forfeiture orders","content":"## Making and effect of forfeiture orders","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Application for forfeiture order","content":"### sec.56 Application for forfeiture order\n\nThe State may apply to the Supreme Court for an order ( forfeiture order ) forfeiting to the State particular property restrained under a restraining order.\nThe application may include particulars of any encumbrance over the restrained property that an appropriate officer considers an encumbrancee took in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business.\n(sec.56-ssec.1) The State may apply to the Supreme Court for an order ( forfeiture order ) forfeiting to the State particular property restrained under a restraining order.\n(sec.56-ssec.2) The application may include particulars of any encumbrance over the restrained property that an appropriate officer considers an encumbrancee took in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Notice of application","content":"### sec.57 Notice of application\n\nThe commission or, if the application is made for the State by a police officer, the commissioner of the police service must give written notice of the application to each person whose property is restrained under the restraining order and anyone else the commission or the commissioner of the police service considers has an interest in the restrained property.\nA person given notice under subsection (1) may appear at the hearing of the application.\nAnyone else who claims any of the property may also appear at the hearing of the application.\nThe absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order.\n(sec.57-ssec.1) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give written notice of the application to each person whose property is restrained under the restraining order and anyone else the commission or the commissioner of the police service considers has an interest in the restrained property.\n(sec.57-ssec.2) A person given notice under subsection (1) may appear at the hearing of the application.\n(sec.57-ssec.3) Anyone else who claims any of the property may also appear at the hearing of the application.\n(sec.57-ssec.4) The absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Making forfeiture order","content":"### sec.58 Making forfeiture order\n\nThe Supreme Court must make a forfeiture order if the court finds it is more probable than not that—\nfor property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or\nfor property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period.\nSubsection (1) (b) applies whether or not the person who engaged in the serious crime related activity because of which the property became serious crime derived property has been identified.\nHowever, for property mentioned in subsection (1) (b) , the court must also be satisfied the commission or, if the application is made for the State by a police officer, the commissioner of the police service, has taken reasonable steps to identify and notify anyone with an interest in the property.\nAlso, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\nA finding of the court under subsection (1) —\nneed not be based on a finding about the commission of a particular offence; and\nmay be based on a finding that some offence that is a serious crime related activity was committed.\nAlso, the raising of a doubt whether a person engaged in a serious crime related activity is not of itself enough to avoid a finding on which a forfeiture order may be made.\nThe forfeiture order must state the property to which it applies.\nProperty may be excluded from the effect of a forfeiture order if it has been excluded under section 47 , 49 or 68 .\nThe court may make the ancillary orders the court considers appropriate when it makes a forfeiture order or at a later time.\nancillary orders for facilitating the transfer to the State of property forfeited to the State\nIn this section—\nlimitation period —\nmeans the period of 6 years before the day the application for the order is made; and\nincludes periods before and after the commencement of this section.\ns 58 amd 2004 No. 43 s 3 sch\n(sec.58-ssec.1) The Supreme Court must make a forfeiture order if the court finds it is more probable than not that— for property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or for property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period.\n(sec.58-ssec.2) Subsection (1) (b) applies whether or not the person who engaged in the serious crime related activity because of which the property became serious crime derived property has been identified.\n(sec.58-ssec.3) However, for property mentioned in subsection (1) (b) , the court must also be satisfied the commission or, if the application is made for the State by a police officer, the commissioner of the police service, has taken reasonable steps to identify and notify anyone with an interest in the property.\n(sec.58-ssec.4) Also, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\n(sec.58-ssec.5) A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed.\n(sec.58-ssec.6) Also, the raising of a doubt whether a person engaged in a serious crime related activity is not of itself enough to avoid a finding on which a forfeiture order may be made.\n(sec.58-ssec.7) The forfeiture order must state the property to which it applies. Property may be excluded from the effect of a forfeiture order if it has been excluded under section 47 , 49 or 68 .\n(sec.58-ssec.8) The court may make the ancillary orders the court considers appropriate when it makes a forfeiture order or at a later time. ancillary orders for facilitating the transfer to the State of property forfeited to the State\n(sec.58-ssec.9) In this section— limitation period — means the period of 6 years before the day the application for the order is made; and includes periods before and after the commencement of this section.\n- (a) for property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or\n- (b) for property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period.\n- (a) need not be based on a finding about the commission of a particular offence; and\n- (b) may be based on a finding that some offence that is a serious crime related activity was committed.\n- (a) means the period of 6 years before the day the application for the order is made; and\n- (b) includes periods before and after the commencement of this section.","sortOrder":73},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Forfeiture order relating to external serious crime related activity","content":"### sec.58A Forfeiture order relating to external serious crime related activity\n\nAn application for a forfeiture order that relates to property of a prescribed respondent suspected of having engaged in 1 or more external serious crime related activities may be made only if the prescribed respondent lives in Queensland or the property is situated in Queensland.\nThe Supreme Court may not make the forfeiture order unless it is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against the property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity.\nFor subsection (2) , an affidavit of an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.\ns 58A ins 2009 No. 2 s 25\namd 2013 No. 21 s 29\n(sec.58A-ssec.1) An application for a forfeiture order that relates to property of a prescribed respondent suspected of having engaged in 1 or more external serious crime related activities may be made only if the prescribed respondent lives in Queensland or the property is situated in Queensland.\n(sec.58A-ssec.2) The Supreme Court may not make the forfeiture order unless it is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against the property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity.\n(sec.58A-ssec.3) For subsection (2) , an affidavit of an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Effect of forfeiture order","content":"### sec.59 Effect of forfeiture order\n\nOn the making of a forfeiture order the property the subject of the order—\nis forfeited to the State; and\nvests absolutely in the State.\nSubsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\n(sec.59-ssec.1) On the making of a forfeiture order the property the subject of the order— is forfeited to the State; and vests absolutely in the State.\n(sec.59-ssec.2) Subsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\n- (a) is forfeited to the State; and\n- (b) vests absolutely in the State.","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Dealing with forfeited property prohibited","content":"### sec.60 Dealing with forfeited property prohibited\n\nA person who does, or attempts to do, an act or makes an omission in relation to property that is the subject of a forfeiture order that directly or indirectly defeats the operation of the order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was the subject of a forfeiture order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the property is—\na motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order.\ns 60 sub 2017 No. 6 s 15\n(sec.60-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to property that is the subject of a forfeiture order that directly or indirectly defeats the operation of the order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or 7 years imprisonment.\n(sec.60-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was the subject of a forfeiture order and no reason to suspect it was.\n(sec.60-ssec.3) However, the defence under subsection (2) is not available to the extent the property is— a motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\n(sec.60-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.60-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.60-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order.\n- (a) for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\n- (a) did not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Effect of quashing of conviction on forfeiture order","content":"### sec.61 Effect of quashing of conviction on forfeiture order\n\nThe quashing of a conviction for a serious crime related activity does not affect the validity of a forfeiture order made before or after the conviction was quashed and based on the serious crime related activity.","sortOrder":77},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Other orders","content":"## Other orders","sortOrder":78},{"sectionNumber":"sec.62","sectionType":"section","heading":"Relief from hardship for dependants","content":"### sec.62 Relief from hardship for dependants\n\nIf the Supreme Court is satisfied the operation of a forfeiture order will cause hardship to a dependant of the person who will forfeit property under the order, the court may—\norder the State to pay to the dependant out of the proceeds of the sale of the property the amount the court considers necessary to prevent hardship to the dependant; and\nif the dependant is under 18 years old, make the ancillary orders the court considers necessary for ensuring the proper application of an amount to be paid to the dependant.\nThe court must not make an order under subsection (1) in favour of an adult dependant of a person whose serious crime related activity was the basis for the forfeiture order concerned unless the court is satisfied the dependant had no knowledge of any serious crime related activities of the person.\ns 62 amd 2013 No. 21 s 30\n(sec.62-ssec.1) If the Supreme Court is satisfied the operation of a forfeiture order will cause hardship to a dependant of the person who will forfeit property under the order, the court may— order the State to pay to the dependant out of the proceeds of the sale of the property the amount the court considers necessary to prevent hardship to the dependant; and if the dependant is under 18 years old, make the ancillary orders the court considers necessary for ensuring the proper application of an amount to be paid to the dependant.\n(sec.62-ssec.2) The court must not make an order under subsection (1) in favour of an adult dependant of a person whose serious crime related activity was the basis for the forfeiture order concerned unless the court is satisfied the dependant had no knowledge of any serious crime related activities of the person.\n- (a) order the State to pay to the dependant out of the proceeds of the sale of the property the amount the court considers necessary to prevent hardship to the dependant; and\n- (b) if the dependant is under 18 years old, make the ancillary orders the court considers necessary for ensuring the proper application of an amount to be paid to the dependant.","sortOrder":79},{"sectionNumber":"sec.63","sectionType":"section","heading":"Forfeiture order may provide for discharge of encumbrance","content":"### sec.63 Forfeiture order may provide for discharge of encumbrance\n\nIf—\nthe Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and\nthe State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;\nthe court may make the orders about the encumbrance the court considers appropriate.\nThe commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State.\n(sec.63-ssec.1) If— the Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance; the court may make the orders about the encumbrance the court considers appropriate.\n(sec.63-ssec.2) The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State.\n- (a) the Supreme Court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and\n- (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Order for release of property from forfeiture order","content":"### sec.64 Order for release of property from forfeiture order\n\nThe Supreme Court may order ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.\nThe order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.\nThe court may make the order only if it is satisfied—\nthe interest is still vested in the State; and\nit would not be against the public interest for the interest to be transferred to the person; and\nthere is no other reason the interest should not be transferred to the person.\n(sec.64-ssec.1) The Supreme Court may order ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.\n(sec.64-ssec.2) The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.\n(sec.64-ssec.3) The court may make the order only if it is satisfied— the interest is still vested in the State; and it would not be against the public interest for the interest to be transferred to the person; and there is no other reason the interest should not be transferred to the person.\n- (a) the interest is still vested in the State; and\n- (b) it would not be against the public interest for the interest to be transferred to the person; and\n- (c) there is no other reason the interest should not be transferred to the person.","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Exclusion of property from forfeiture order application","content":"### sec.65 Exclusion of property from forfeiture order application\n\nThis section applies if an application for a forfeiture order has been made but the application has not been decided.\nA person, including a prescribed respondent, who claims an interest in property to which the application relates may apply to the Supreme Court for an exclusion order.\nThe applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application for the exclusion order.\ns 65 amd 2009 No. 2 s 26\n(sec.65-ssec.1) This section applies if an application for a forfeiture order has been made but the application has not been decided.\n(sec.65-ssec.2) A person, including a prescribed respondent, who claims an interest in property to which the application relates may apply to the Supreme Court for an exclusion order.\n(sec.65-ssec.3) The applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.65-ssec.3A) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.65-ssec.4) The State must be a party to the application.\n(sec.65-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.65-ssec.6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.65-ssec.7) The State must give the applicant notice of the grounds for opposing the application.\n(sec.65-ssec.8) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.65-ssec.9) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application for the exclusion order.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Exclusion of property from forfeiture order","content":"### sec.66 Exclusion of property from forfeiture order\n\nA person, including a prescribed respondent, who claims an interest in property that is forfeited under a forfeiture order may apply to the Supreme Court for an exclusion order.\nUnless the court gives leave under section 67 —\nthe application must be made within 6 months after the forfeiture order was made; and\nthe following persons can not apply for an exclusion order—\na person who was given notice of the application for the forfeiture order;\na person who appeared at the hearing of the application for the forfeiture order.\nFor each application made under this section, including an application for leave, the applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application for the exclusion order.\ns 66 amd 2009 No. 2 s 27\n(sec.66-ssec.1) A person, including a prescribed respondent, who claims an interest in property that is forfeited under a forfeiture order may apply to the Supreme Court for an exclusion order.\n(sec.66-ssec.2) Unless the court gives leave under section 67 — the application must be made within 6 months after the forfeiture order was made; and the following persons can not apply for an exclusion order— a person who was given notice of the application for the forfeiture order; a person who appeared at the hearing of the application for the forfeiture order.\n(sec.66-ssec.3) For each application made under this section, including an application for leave, the applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.66-ssec.3A) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.66-ssec.4) The State must be a party to the application.\n(sec.66-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.66-ssec.6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.66-ssec.7) The State must give the applicant notice of the grounds for opposing the application.\n(sec.66-ssec.8) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.66-ssec.9) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application for the exclusion order.\n- (a) the application must be made within 6 months after the forfeiture order was made; and\n- (b) the following persons can not apply for an exclusion order— (i) a person who was given notice of the application for the forfeiture order; (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"When Supreme Court may give leave for s 66","content":"### sec.67 When Supreme Court may give leave for s 66\n\nThe Supreme Court may give leave to apply for an exclusion order after the end of the 6 months mentioned in section 66 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\nAlso, the Supreme Court may give a person mentioned in section 66 (2) (b) leave to apply for an exclusion order only if it considers there are special grounds, including, for example—\nfor a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\nparticular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n(sec.67-ssec.1) The Supreme Court may give leave to apply for an exclusion order after the end of the 6 months mentioned in section 66 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\n(sec.67-ssec.2) Also, the Supreme Court may give a person mentioned in section 66 (2) (b) leave to apply for an exclusion order only if it considers there are special grounds, including, for example— for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n- (a) for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\n- (b) particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Making of exclusion order","content":"### sec.68 Making of exclusion order\n\nThe Supreme Court, on an application under section 65 or 66 , may make an exclusion order.\nThe Supreme Court must, and may only, make an exclusion order if it is satisfied—\nthe applicant has or, apart from the forfeiture, would have, an interest in the property; and\nit is more probable than not that the property to which the application relates is not illegally acquired property.\ns 68 amd 2003 No. 77 s 48\n(sec.68-ssec.1) The Supreme Court, on an application under section 65 or 66 , may make an exclusion order.\n(sec.68-ssec.2) The Supreme Court must, and may only, make an exclusion order if it is satisfied— the applicant has or, apart from the forfeiture, would have, an interest in the property; and it is more probable than not that the property to which the application relates is not illegally acquired property.\n- (a) the applicant has or, apart from the forfeiture, would have, an interest in the property; and\n- (b) it is more probable than not that the property to which the application relates is not illegally acquired property.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"What is an exclusion order","content":"### sec.69 What is an exclusion order\n\nAn exclusion order is an order that—\nstates the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and\nif the application for the forfeiture order has not been decided, excludes the applicant’s property from the application for the forfeiture order; and\nif a forfeiture order has been made for the property, and the property is still vested in the State, directs the State to transfer the property to the applicant; and\nif a forfeiture order has been made for the property and the property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.\nHowever, if the applicant is the prescribed respondent and an application has been made for a proceeds assessment order or unexplained wealth order against the prescribed respondent, subsection (1) (b) applies only if the court is satisfied the property is unlikely to be required to satisfy any proceeds assessment order or unexplained wealth order the court may make against the person.\ns 69 sub 2003 No. 77 s 49\namd 2013 No. 21 s 31\n(sec.69-ssec.1) An exclusion order is an order that— states the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and if the application for the forfeiture order has not been decided, excludes the applicant’s property from the application for the forfeiture order; and if a forfeiture order has been made for the property, and the property is still vested in the State, directs the State to transfer the property to the applicant; and if a forfeiture order has been made for the property and the property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.\n(sec.69-ssec.2) However, if the applicant is the prescribed respondent and an application has been made for a proceeds assessment order or unexplained wealth order against the prescribed respondent, subsection (1) (b) applies only if the court is satisfied the property is unlikely to be required to satisfy any proceeds assessment order or unexplained wealth order the court may make against the person.\n- (a) states the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and\n- (b) if the application for the forfeiture order has not been decided, excludes the applicant’s property from the application for the forfeiture order; and\n- (c) if a forfeiture order has been made for the property, and the property is still vested in the State, directs the State to transfer the property to the applicant; and\n- (d) if a forfeiture order has been made for the property and the property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Effect of exclusion order","content":"### sec.70 Effect of exclusion order\n\nOn the making of an exclusion order excluding an interest in property from an application for a forfeiture order, the restraining order applying to the restrained property stops having effect in relation to the excluded interest.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Exclusion of value of innocent interest from forfeiture order","content":"### sec.71 Exclusion of value of innocent interest from forfeiture order\n\nA person who has an interest in particular property to which a forfeiture order relates may apply to the Supreme Court for an innocent interest exclusion order.\nUnless the court gives leave under section 72 —\nthe application must be made within 6 months after the forfeiture order was made; and\nthe following persons can not apply for an innocent interest exclusion order—\na person who was given notice of the application for the forfeiture order;\na person who appeared at the hearing of the application for the forfeiture order.\nFor each application made under this section, including an application for leave, the applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State intends to oppose the application, the State must give the applicant—\nnotice of intention to oppose the application; and\nthe grounds for opposing the application.\ns 71 amd 2009 No. 2 s 28\n(sec.71-ssec.1) A person who has an interest in particular property to which a forfeiture order relates may apply to the Supreme Court for an innocent interest exclusion order.\n(sec.71-ssec.2) Unless the court gives leave under section 72 — the application must be made within 6 months after the forfeiture order was made; and the following persons can not apply for an innocent interest exclusion order— a person who was given notice of the application for the forfeiture order; a person who appeared at the hearing of the application for the forfeiture order.\n(sec.71-ssec.3) For each application made under this section, including an application for leave, the applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.71-ssec.3A) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.71-ssec.4) The State must be a party to the application.\n(sec.71-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.71-ssec.6) If the State intends to oppose the application, the State must give the applicant— notice of intention to oppose the application; and the grounds for opposing the application.\n- (a) the application must be made within 6 months after the forfeiture order was made; and\n- (b) the following persons can not apply for an innocent interest exclusion order— (i) a person who was given notice of the application for the forfeiture order; (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (a) notice of intention to oppose the application; and\n- (b) the grounds for opposing the application.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"When Supreme Court may give leave for s 71","content":"### sec.72 When Supreme Court may give leave for s 71\n\nThe Supreme Court may give leave to apply for an innocent interest exclusion order after the end of the 6 months mentioned in section 71 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\nAlso, the Supreme Court may give a person mentioned in section 71 (2) (b) leave to apply for an innocent interest order only if it is satisfied there are special grounds, including, for example—\nfor a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\nparticular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n(sec.72-ssec.1) The Supreme Court may give leave to apply for an innocent interest exclusion order after the end of the 6 months mentioned in section 71 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\n(sec.72-ssec.2) Also, the Supreme Court may give a person mentioned in section 71 (2) (b) leave to apply for an innocent interest order only if it is satisfied there are special grounds, including, for example— for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n- (a) for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\n- (b) particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Making of innocent interest exclusion order","content":"### sec.73 Making of innocent interest exclusion order\n\nThe Supreme Court, on an application under section 71 , may make an innocent interest exclusion order.\nThe Supreme Court must, and may only, make an innocent interest exclusion order if the applicant proves it is more probable than not that a stated proportion of the value of the interest in property forfeited under the forfeiture order is not attributable to the proceeds of an illegal activity.\nThe Supreme Court may make the order only to the extent to which the interest in the property concerned was not, when it first became illegally acquired property, acquired using the proceeds of an illegal activity.\ns 73 amd 2003 No. 77 s 50\n(sec.73-ssec.1) The Supreme Court, on an application under section 71 , may make an innocent interest exclusion order.\n(sec.73-ssec.2) The Supreme Court must, and may only, make an innocent interest exclusion order if the applicant proves it is more probable than not that a stated proportion of the value of the interest in property forfeited under the forfeiture order is not attributable to the proceeds of an illegal activity.\n(sec.73-ssec.3) The Supreme Court may make the order only to the extent to which the interest in the property concerned was not, when it first became illegally acquired property, acquired using the proceeds of an illegal activity.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"What is an innocent interest exclusion order","content":"### sec.74 What is an innocent interest exclusion order\n\nAn innocent interests exclusion order is an order that—\nstates the nature, extent and, if necessary for the order, the value, when the order is made, of the interest mentioned in section 73 (2) ; and\ndirects the State to pay to the applicant the value of the interest.\ns 74 sub 2003 No. 77 s 51\n- (a) states the nature, extent and, if necessary for the order, the value, when the order is made, of the interest mentioned in section 73 (2) ; and\n- (b) directs the State to pay to the applicant the value of the interest.","sortOrder":91},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Release and buying back interests","content":"## Release and buying back interests","sortOrder":92},{"sectionNumber":"sec.75","sectionType":"section","heading":"Effect of payment under release order","content":"### sec.75 Effect of payment under release order\n\nOn the payment to the State of the amount stated in a release order as the value of an interest in forfeited property, while the interest is still vested in the State, the forfeiture order ceases to apply to the interest.\nAs soon as practicable after the amount is paid, the Attorney-General must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the State.\nThe Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.\n(sec.75-ssec.1) On the payment to the State of the amount stated in a release order as the value of an interest in forfeited property, while the interest is still vested in the State, the forfeiture order ceases to apply to the interest.\n(sec.75-ssec.2) As soon as practicable after the amount is paid, the Attorney-General must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the State.\n(sec.75-ssec.3) The Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.","sortOrder":93},{"sectionNumber":"sec.76","sectionType":"section","heading":"Buying out other interests under court order","content":"### sec.76 Buying out other interests under court order\n\nThis section applies if—\nproperty that is forfeited to the State under a forfeiture order is still vested in the State; and\nthe property or an interest in the property is required to be transferred to a person (the buyer ) under an exclusion order or an innocent interest order or under section 75 ; and\nthe buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\nIf the buyer intends to buy the other interests in the property, the buyer must give written notice to any other person who had an interest in the property immediately before the forfeiture stating—\nthe buyer intends to buy the other interests from the State; and\nwithin 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\nIf—\nthe person given the notice does not give a written objection to the buying of the interest to the Attorney-General within the 21 days; and\nthe buyer pays to the State an amount equal to the value of the interest;\nthe Attorney-General must arrange for the interest to be transferred to the buyer.\nThe Attorney-General may do, or authorise the doing of, anything necessary or convenient to be done for the transfer.\n(sec.76-ssec.1) This section applies if— property that is forfeited to the State under a forfeiture order is still vested in the State; and the property or an interest in the property is required to be transferred to a person (the buyer ) under an exclusion order or an innocent interest order or under section 75 ; and the buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\n(sec.76-ssec.2) If the buyer intends to buy the other interests in the property, the buyer must give written notice to any other person who had an interest in the property immediately before the forfeiture stating— the buyer intends to buy the other interests from the State; and within 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\n(sec.76-ssec.3) If— the person given the notice does not give a written objection to the buying of the interest to the Attorney-General within the 21 days; and the buyer pays to the State an amount equal to the value of the interest; the Attorney-General must arrange for the interest to be transferred to the buyer.\n(sec.76-ssec.4) The Attorney-General may do, or authorise the doing of, anything necessary or convenient to be done for the transfer.\n- (a) property that is forfeited to the State under a forfeiture order is still vested in the State; and\n- (b) the property or an interest in the property is required to be transferred to a person (the buyer ) under an exclusion order or an innocent interest order or under section 75 ; and\n- (c) the buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\n- (a) the buyer intends to buy the other interests from the State; and\n- (b) within 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\n- (a) the person given the notice does not give a written objection to the buying of the interest to the Attorney-General within the 21 days; and\n- (b) the buyer pays to the State an amount equal to the value of the interest;","sortOrder":94},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Proceeds assessment orders","content":"# Proceeds assessment orders","sortOrder":95},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Application for, and making of, proceeds assessment orders","content":"## Application for, and making of, proceeds assessment orders","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application for proceeds assessment order","content":"### sec.77 Application for proceeds assessment order\n\nThe State may apply to the Supreme Court for an order ( proceeds assessment order ) requiring a person to pay to the State the value of the proceeds derived from the person’s illegal activity that took place within 6 years before the day the application for the order is made.\nThe State must give notice of the application to—\nthe person against whom the order is sought; and\nanyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.\nA person given notice under subsection (2) may appear at the hearing of the application.\nThe absence of a person required to be given notice of the application does not prevent the Supreme Court from making a proceeds assessment order.\nThe 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.\ns 77 amd 2013 No. 21 s 32\n(sec.77-ssec.1) The State may apply to the Supreme Court for an order ( proceeds assessment order ) requiring a person to pay to the State the value of the proceeds derived from the person’s illegal activity that took place within 6 years before the day the application for the order is made.\n(sec.77-ssec.2) The State must give notice of the application to— the person against whom the order is sought; and anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.\n(sec.77-ssec.3) A person given notice under subsection (2) may appear at the hearing of the application.\n(sec.77-ssec.4) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making a proceeds assessment order.\n(sec.77-ssec.5) The 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.\n- (a) the person against whom the order is sought; and\n- (b) anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Making of proceeds assessment order","content":"### sec.78 Making of proceeds assessment order\n\nThe Supreme Court must make a proceeds assessment order against a person if the court finds it is more probable than not that, at any time within the 6 years before the application was made, the person engaged in a serious crime related activity (a finding of serious crime related activity ).\nHowever, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\nA finding of the court under subsection (1) —\nneed not be based on a finding about the commission of a particular offence; and\nmay be based on a finding that some offence that is a serious crime related activity was committed.\nThe court may make the ancillary orders the court considers appropriate when it makes the proceeds assessment order or at a later time.\nThe Supreme Court may not make a proceeds assessment order on an application that relates wholly to external serious crime related activity, unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity.\nFor subsection (5) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.\nThe court may make a pecuniary penalty order and a proceeds assessment order in relation to the same serious crime related activity.\nHowever, the court must take the amount of a pecuniary penalty order into account when making a later proceeds assessment order in relation to the same serious crime related activity.\ns 78 amd 2009 No. 2 s 29\n(sec.78-ssec.1) The Supreme Court must make a proceeds assessment order against a person if the court finds it is more probable than not that, at any time within the 6 years before the application was made, the person engaged in a serious crime related activity (a finding of serious crime related activity ).\n(sec.78-ssec.2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\n(sec.78-ssec.3) A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed.\n(sec.78-ssec.4) The court may make the ancillary orders the court considers appropriate when it makes the proceeds assessment order or at a later time.\n(sec.78-ssec.5) The Supreme Court may not make a proceeds assessment order on an application that relates wholly to external serious crime related activity, unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity.\n(sec.78-ssec.6) For subsection (5) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.\n(sec.78-ssec.7) The court may make a pecuniary penalty order and a proceeds assessment order in relation to the same serious crime related activity.\n(sec.78-ssec.8) However, the court must take the amount of a pecuniary penalty order into account when making a later proceeds assessment order in relation to the same serious crime related activity.\n- (a) need not be based on a finding about the commission of a particular offence; and\n- (b) may be based on a finding that some offence that is a serious crime related activity was committed.","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Amount must be stated in proceeds assessment order","content":"### sec.79 Amount must be stated in proceeds assessment order\n\nA proceeds assessment order must state, as the amount required to be paid to the State, the value of the proceeds derived from the person’s illegal activity.\nThe value of the proceeds must be assessed under division 2 .\nHowever, the Supreme Court may, if it considers it appropriate, deduct from the value of the proceeds the value of any property forfeited under a forfeiture order made in relation to a person’s illegal activities or under a serious drug offender confiscation order.\nIn assessing the value of the proceeds, the Supreme Court is not limited to assessing the value of the serious crime related activity on which the application is based but must assess the value of other illegal activities of the person during the period to which the proceeds assessment order application relates.\ns 79 amd 2013 No. 21 s 33\n(sec.79-ssec.1) A proceeds assessment order must state, as the amount required to be paid to the State, the value of the proceeds derived from the person’s illegal activity.\n(sec.79-ssec.2) The value of the proceeds must be assessed under division 2 .\n(sec.79-ssec.3) However, the Supreme Court may, if it considers it appropriate, deduct from the value of the proceeds the value of any property forfeited under a forfeiture order made in relation to a person’s illegal activities or under a serious drug offender confiscation order.\n(sec.79-ssec.4) In assessing the value of the proceeds, the Supreme Court is not limited to assessing the value of the serious crime related activity on which the application is based but must assess the value of other illegal activities of the person during the period to which the proceeds assessment order application relates.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Proceeds assessment order increase if forfeiture order discharged","content":"### sec.80 Proceeds assessment order increase if forfeiture order discharged\n\nThis section applies if—\nthe Supreme Court makes a proceeds assessment order; and\nin deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and\nafter the proceeds assessment order is made—\nthe forfeiture ends because of an appeal; or\nan exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\nThe State may apply to the Supreme Court for a variation of the proceeds assessment order to increase the amount payable under the order.\nIf the Supreme Court considers an increase appropriate, it may vary the amount payable under the proceeds assessment order.\ns 80 amd 2009 No. 2 s 30 ; 2013 No. 21 s 34\n(sec.80-ssec.1) This section applies if— the Supreme Court makes a proceeds assessment order; and in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and after the proceeds assessment order is made— the forfeiture ends because of an appeal; or an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n(sec.80-ssec.2) The State may apply to the Supreme Court for a variation of the proceeds assessment order to increase the amount payable under the order.\n(sec.80-ssec.3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the proceeds assessment order.\n- (a) the Supreme Court makes a proceeds assessment order; and\n- (b) in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and\n- (c) after the proceeds assessment order is made— (i) the forfeiture ends because of an appeal; or (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n- (i) the forfeiture ends because of an appeal; or\n- (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n- (i) the forfeiture ends because of an appeal; or\n- (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.","sortOrder":100},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Notice of proceeds assessment order","content":"### sec.80A Notice of proceeds assessment order\n\nWithin 28 days after a proceeds assessment order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) —\nall known dependants of the person against whom the order is made;\nanyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\nFor subsection (1) , the documents are—\na copy of the proceeds assessment order; and\na written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89A .\nIf required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\ns 80A ins 2013 No. 21 s 35\n(sec.80A-ssec.1) Within 28 days after a proceeds assessment order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) — all known dependants of the person against whom the order is made; anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\n(sec.80A-ssec.2) For subsection (1) , the documents are— a copy of the proceeds assessment order; and a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89A .\n(sec.80A-ssec.3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\n- (a) all known dependants of the person against whom the order is made;\n- (b) anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\n- (a) a copy of the proceeds assessment order; and\n- (b) a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89A .","sortOrder":101},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Assessment of value of proceeds","content":"## Assessment of value of proceeds","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of div 2","content":"### sec.81 Application of div 2\n\nThis division applies to—\nproperty in Queensland or elsewhere; and\nproceeds of an illegal activity, whether acquired in Queensland or elsewhere.\nAlso, this division applies for assessing the value of the proceeds derived from an illegal activity of a person ( relevant person ).\ns 81 amd 2003 No. 77 s 52\n(sec.81-ssec.1) This division applies to— property in Queensland or elsewhere; and proceeds of an illegal activity, whether acquired in Queensland or elsewhere.\n(sec.81-ssec.2) Also, this division applies for assessing the value of the proceeds derived from an illegal activity of a person ( relevant person ).\n- (a) property in Queensland or elsewhere; and\n- (b) proceeds of an illegal activity, whether acquired in Queensland or elsewhere.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Matters to which Supreme Court must have regard","content":"### sec.82 Matters to which Supreme Court must have regard\n\nThe Supreme Court must have regard to the evidence before it about the following—\nthe value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;\nthe value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;\nif the illegal activity involved a dangerous drug or controlled substance (the illegal drug )—\nthe market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and\nthe amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity;\nthe value of the relevant person’s property before, during and after the illegal activity;\nthe relevant person’s income and expenditure before, during and after the illegal activity.\nThe court—\nmay treat as the value of the proceeds the value the proceeds would have had if derived when the valuation is being made; and\nwithout limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the proceeds were derived and the time the valuation is being made.\n(sec.82-ssec.1) The Supreme Court must have regard to the evidence before it about the following— the value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity; the value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity; if the illegal activity involved a dangerous drug or controlled substance (the illegal drug )— the market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and the amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity; the value of the relevant person’s property before, during and after the illegal activity; the relevant person’s income and expenditure before, during and after the illegal activity.\n(sec.82-ssec.2) The court— may treat as the value of the proceeds the value the proceeds would have had if derived when the valuation is being made; and without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the proceeds were derived and the time the valuation is being made.\n- (a) the value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;\n- (b) the value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;\n- (c) if the illegal activity involved a dangerous drug or controlled substance (the illegal drug )— (i) the market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and (ii) the amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity;\n- (i) the market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and\n- (ii) the amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity;\n- (d) the value of the relevant person’s property before, during and after the illegal activity;\n- (e) the relevant person’s income and expenditure before, during and after the illegal activity.\n- (i) the market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and\n- (ii) the amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity;\n- (a) may treat as the value of the proceeds the value the proceeds would have had if derived when the valuation is being made; and\n- (b) without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the proceeds were derived and the time the valuation is being made.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"How particular amounts may be treated","content":"### sec.83 How particular amounts may be treated\n\nThis section applies if the court makes a finding of serious crime related activity in relation to a person under section 78 (1) and—\nevidence is given that the value of the relevant person’s property at the end of the period of 6 years mentioned in section 78 (1) was more than the value of the relevant person’s property at the start of the period; or\nevidence is given of the amount of the relevant person’s expenditure within the 6 years before the day the application for the order was made.\nIf subsection (1) (a) applies, the court must treat the difference as proceeds derived by the relevant person from illegal activity, other than to the extent the court is satisfied the reason for the difference was not related to illegal activity.\nIf subsection (1) (b) applies, the court must treat the amount as proceeds derived by the relevant person from illegal activity, other than to the extent the court is satisfied the expenditure was funded from income, or amounts from other sources, not related to illegal activity.\nThe court must not take expenditure into account under subsection (3) to the extent the court is satisfied it resulted in the acquisition of property the value of which is taken into account under subsection (2) .\ns 83 amd 2009 No. 2 s 31 ; 2013 No. 21 s 36\n(sec.83-ssec.1) This section applies if the court makes a finding of serious crime related activity in relation to a person under section 78 (1) and— evidence is given that the value of the relevant person’s property at the end of the period of 6 years mentioned in section 78 (1) was more than the value of the relevant person’s property at the start of the period; or evidence is given of the amount of the relevant person’s expenditure within the 6 years before the day the application for the order was made.\n(sec.83-ssec.2) If subsection (1) (a) applies, the court must treat the difference as proceeds derived by the relevant person from illegal activity, other than to the extent the court is satisfied the reason for the difference was not related to illegal activity.\n(sec.83-ssec.3) If subsection (1) (b) applies, the court must treat the amount as proceeds derived by the relevant person from illegal activity, other than to the extent the court is satisfied the expenditure was funded from income, or amounts from other sources, not related to illegal activity.\n(sec.83-ssec.4) The court must not take expenditure into account under subsection (3) to the extent the court is satisfied it resulted in the acquisition of property the value of which is taken into account under subsection (2) .\n- (a) evidence is given that the value of the relevant person’s property at the end of the period of 6 years mentioned in section 78 (1) was more than the value of the relevant person’s property at the start of the period; or\n- (b) evidence is given of the amount of the relevant person’s expenditure within the 6 years before the day the application for the order was made.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Particular amounts not to be deducted","content":"### sec.84 Particular amounts not to be deducted\n\nFor this division, any expenses or outgoings incurred by the relevant person in relation to the illegal activity must be disregarded.\nFor deciding the value of the proceeds derived by the relevant person from an illegal activity involving the sale of dangerous drugs the person’s expenses paid in acquiring the drugs must be disregarded.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Evidence by prescribed officer","content":"### sec.85 Evidence by prescribed officer\n\nDespite any rule of law or practice about hearsay evidence, the court may, for this division, receive evidence of the opinion of a prescribed officer who is experienced in the investigation of illegal activities involving dangerous drugs about—\nthe market value at a particular time of a particular kind of dangerous drug or controlled substance; or\nthe amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\nIn this section—\nprescribed officer means—\na police officer; or\na member of the Australian Federal Police; or\nan officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or\nan authorised commission officer.\n(sec.85-ssec.1) Despite any rule of law or practice about hearsay evidence, the court may, for this division, receive evidence of the opinion of a prescribed officer who is experienced in the investigation of illegal activities involving dangerous drugs about— the market value at a particular time of a particular kind of dangerous drug or controlled substance; or the amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\n(sec.85-ssec.2) In this section— prescribed officer means— a police officer; or a member of the Australian Federal Police; or an officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or an authorised commission officer.\n- (a) the market value at a particular time of a particular kind of dangerous drug or controlled substance; or\n- (b) the amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\n- (a) a police officer; or\n- (b) a member of the Australian Federal Police; or\n- (c) an officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or\n- (d) an authorised commission officer.","sortOrder":107},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Other provisions about proceeds assessment orders","content":"## Other provisions about proceeds assessment orders","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Proceeds assessment order amount is debt payable to State","content":"### sec.86 Proceeds assessment order amount is debt payable to State\n\nThe amount a person is ordered to pay to the State under a proceeds assessment order is a debt payable by the person to the State.\nThe proceeds assessment order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the proceeds assessment order.\n(sec.86-ssec.1) The amount a person is ordered to pay to the State under a proceeds assessment order is a debt payable by the person to the State.\n(sec.86-ssec.2) The proceeds assessment order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the proceeds assessment order.","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Enforcement of order against property under effective control","content":"### sec.87 Enforcement of order against property under effective control\n\nThe State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a proceeds assessment order (the controlling person ).\nThe commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application—\nthe controlling person;\nanyone else the commission or the commissioner of the police service considers may have an interest in the property.\nThe controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\nIf the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the proceeds assessment order to the extent to which other property of the controlling person is not readily available for the purpose.\nThe proceeds assessment order may be enforced against the property to the extent stated in the declaration.\nThe court may also make a restraining order in relation to the property.\nThe absence of a person required to be given notice of the application does not prevent the court from making the order.\nSubsection (5) does not apply to property that is the subject of a hardship order.\ns 87 amd 2004 No. 43 s 36A ; 2013 No. 21 s 37\n(sec.87-ssec.1) The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a proceeds assessment order (the controlling person ).\n(sec.87-ssec.2) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— the controlling person; anyone else the commission or the commissioner of the police service considers may have an interest in the property.\n(sec.87-ssec.3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\n(sec.87-ssec.4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the proceeds assessment order to the extent to which other property of the controlling person is not readily available for the purpose.\n(sec.87-ssec.5) The proceeds assessment order may be enforced against the property to the extent stated in the declaration.\n(sec.87-ssec.6) The court may also make a restraining order in relation to the property.\n(sec.87-ssec.7) The absence of a person required to be given notice of the application does not prevent the court from making the order.\n(sec.87-ssec.8) Subsection (5) does not apply to property that is the subject of a hardship order.\n- (a) the controlling person;\n- (b) anyone else the commission or the commissioner of the police service considers may have an interest in the property.","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Charge on property","content":"### sec.88 Charge on property\n\nOn the making of a proceeds assessment order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount.\nA charge created under subsection (1) —\nis subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and\nhas priority over all other encumbrances; and\nis not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and\nis declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\nThe charge stops having effect if any of the following happens—\nthe proceeds assessment order is discharged on the hearing of an appeal against the making of the order;\nthe amount payable to the State is paid;\nthe relevant person becomes bankrupt;\nthe interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ;\nthe interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge;\na hardship order is made excluding property from the operation of the charge.\nIf a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law.\nFor subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person.\nThe public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge.\nThe request must be in the appropriate form.\nThe registrar of titles must register the charge over the land on lodgement of—\nthe request; and\na certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid.\nAs soon as practicable after the amount payable under the proceeds assessment order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge.\nThe registrar of titles must register the release of the charge over the land.\nIn this section—\nrelevant person means the person against whom the proceeds assessment order is made.\ns 88 amd 2009 No. 2 s 32 ; 2010 No. 44 s 171 ; 2013 No. 21 s 38 ; 2021 No. 12 s 148 sch 3\n(sec.88-ssec.1) On the making of a proceeds assessment order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount.\n(sec.88-ssec.2) A charge created under subsection (1) — is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and has priority over all other encumbrances; and is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n(sec.88-ssec.3) The charge stops having effect if any of the following happens— the proceeds assessment order is discharged on the hearing of an appeal against the making of the order; the amount payable to the State is paid; the relevant person becomes bankrupt; the interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ; the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; a hardship order is made excluding property from the operation of the charge.\n(sec.88-ssec.4) If a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law.\n(sec.88-ssec.5) For subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person.\n(sec.88-ssec.6) The public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge.\n(sec.88-ssec.7) The request must be in the appropriate form.\n(sec.88-ssec.8) The registrar of titles must register the charge over the land on lodgement of— the request; and a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid.\n(sec.88-ssec.9) As soon as practicable after the amount payable under the proceeds assessment order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge.\n(sec.88-ssec.10) The registrar of titles must register the release of the charge over the land.\n(sec.88-ssec.11) In this section— relevant person means the person against whom the proceeds assessment order is made.\n- (a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and\n- (b) has priority over all other encumbrances; and\n- (c) is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and\n- (d) is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n- (a) the proceeds assessment order is discharged on the hearing of an appeal against the making of the order;\n- (b) the amount payable to the State is paid;\n- (c) the relevant person becomes bankrupt;\n- (d) the interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ;\n- (e) the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge;\n- (f) a hardship order is made excluding property from the operation of the charge.\n- (a) the request; and\n- (b) a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Effect of other actions on proceeds assessment order","content":"### sec.89 Effect of other actions on proceeds assessment order\n\nThe quashing of a conviction for a serious crime related activity does not affect the validity of a proceeds assessment order.\nIf a proceeds assessment order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.\n(sec.89-ssec.1) The quashing of a conviction for a serious crime related activity does not affect the validity of a proceeds assessment order.\n(sec.89-ssec.2) If a proceeds assessment order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.","sortOrder":112},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"Hardship orders","content":"## Hardship orders","sortOrder":113},{"sectionNumber":"sec.89A","sectionType":"section","heading":"Application for hardship order","content":"### sec.89A Application for hardship order\n\nA dependant of the person against whom a proceeds assessment order is made may apply to the Supreme Court for a hardship order.\nUnless the court gives leave under section 89B , the application must be made within 3 months after—\nfor property the subject of an order under section 87 (4) —the day the order is made; or\nfor property the subject of a charge under section 88 —the day the proceeds assessment order is made.\nFor each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of—\nthe making of the application; and\nthe grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 87 (4) or a charge under section 88 that the application relates to; and\nthe facts relied on.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe notice must be given at least 28 days before the day set for hearing the application.\nThe written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\ns 89A ins 2013 No. 21 s 39\n(sec.89A-ssec.1) A dependant of the person against whom a proceeds assessment order is made may apply to the Supreme Court for a hardship order.\n(sec.89A-ssec.2) Unless the court gives leave under section 89B , the application must be made within 3 months after— for property the subject of an order under section 87 (4) —the day the order is made; or for property the subject of a charge under section 88 —the day the proceeds assessment order is made.\n(sec.89A-ssec.3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of— the making of the application; and the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 87 (4) or a charge under section 88 that the application relates to; and the facts relied on.\n(sec.89A-ssec.4) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.89A-ssec.5) The notice must be given at least 28 days before the day set for hearing the application.\n(sec.89A-ssec.6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\n(sec.89A-ssec.7) The State must be a party to the application.\n(sec.89A-ssec.8) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.89A-ssec.9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.89A-ssec.10) The State must give the applicant notice of the grounds for opposing the application.\n- (a) for property the subject of an order under section 87 (4) —the day the order is made; or\n- (b) for property the subject of a charge under section 88 —the day the proceeds assessment order is made.\n- (a) the making of the application; and\n- (b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 87 (4) or a charge under section 88 that the application relates to; and\n- (c) the facts relied on.","sortOrder":114},{"sectionNumber":"sec.89B","sectionType":"section","heading":"When Supreme Court may give leave for s 89A","content":"### sec.89B When Supreme Court may give leave for s 89A\n\nThe Supreme Court may give leave to apply for a hardship order after the end of the period mentioned in section 89A (2) if it is satisfied the delay in applying was not because of the applicant’s neglect.\ns 89B ins 2013 No. 21 s 39","sortOrder":115},{"sectionNumber":"sec.89C","sectionType":"section","heading":"Making of hardship order","content":"### sec.89C Making of hardship order\n\nThe Supreme Court may, on an application under section 89A , make an order ( hardship order ) excluding special property from the operation of an order under section 87 (4) or a charge under section 88 if it is satisfied—\nthe applicant is a dependant of the person against whom the proceeds assessment order was made; and\nthe operation of the order under section 87 (4) or charge under section 88 will cause hardship to the dependant.\nHowever, the court must not make a hardship order in favour of an adult dependant of the person against whom a proceeds assessment order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the proceeds assessment order.\nIn this section—\nspecial property means—\nany property, if the last change of ownership resulted from the death of someone other than the person against whom the proceeds assessment order was made; or\nproperty given under a will\nproperty that is or was the dependant’s principal place of residence, if—\nthe last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and\nthe property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\ns 89C ins 2013 No. 21 s 39\n(sec.89C-ssec.1) The Supreme Court may, on an application under section 89A , make an order ( hardship order ) excluding special property from the operation of an order under section 87 (4) or a charge under section 88 if it is satisfied— the applicant is a dependant of the person against whom the proceeds assessment order was made; and the operation of the order under section 87 (4) or charge under section 88 will cause hardship to the dependant.\n(sec.89C-ssec.2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom a proceeds assessment order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the proceeds assessment order.\n(sec.89C-ssec.3) In this section— special property means— any property, if the last change of ownership resulted from the death of someone other than the person against whom the proceeds assessment order was made; or property given under a will property that is or was the dependant’s principal place of residence, if— the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (a) the applicant is a dependant of the person against whom the proceeds assessment order was made; and\n- (b) the operation of the order under section 87 (4) or charge under section 88 will cause hardship to the dependant.\n- (a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the proceeds assessment order was made; or Example— property given under a will\n- (b) property that is or was the dependant’s principal place of residence, if— (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .","sortOrder":116},{"sectionNumber":"sec.89D","sectionType":"section","heading":"Property not to be disposed of during hardship order period","content":"### sec.89D Property not to be disposed of during hardship order period\n\nDuring the hardship order period, the State must not, without the leave of the Supreme Court—\ndispose of—\nproperty the subject of an order under section 87 (4) ; or\nproperty the subject of a charge under section 88 ; or\nauthorise anyone else to dispose of property mentioned in paragraph (a) .\nIn this section—\nhardship order period means the period of 3 months starting on the later of—\nthe day the following order was made—\nfor property the subject of an order under section 87 (4) —that order;\nfor property the subject of a charge under section 88 —the proceeds assessment order; or\nthe day on which all proceedings relating to hardship orders are finally decided.\ns 89D ins 2013 No. 21 s 39\n(sec.89D-ssec.1) During the hardship order period, the State must not, without the leave of the Supreme Court— dispose of— property the subject of an order under section 87 (4) ; or property the subject of a charge under section 88 ; or authorise anyone else to dispose of property mentioned in paragraph (a) .\n(sec.89D-ssec.2) In this section— hardship order period means the period of 3 months starting on the later of— the day the following order was made— for property the subject of an order under section 87 (4) —that order; for property the subject of a charge under section 88 —the proceeds assessment order; or the day on which all proceedings relating to hardship orders are finally decided.\n- (a) dispose of— (i) property the subject of an order under section 87 (4) ; or (ii) property the subject of a charge under section 88 ; or\n- (i) property the subject of an order under section 87 (4) ; or\n- (ii) property the subject of a charge under section 88 ; or\n- (b) authorise anyone else to dispose of property mentioned in paragraph (a) .\n- (i) property the subject of an order under section 87 (4) ; or\n- (ii) property the subject of a charge under section 88 ; or\n- (a) the day the following order was made— (i) for property the subject of an order under section 87 (4) —that order; (ii) for property the subject of a charge under section 88 —the proceeds assessment order; or\n- (i) for property the subject of an order under section 87 (4) —that order;\n- (ii) for property the subject of a charge under section 88 —the proceeds assessment order; or\n- (b) the day on which all proceedings relating to hardship orders are finally decided.\n- (i) for property the subject of an order under section 87 (4) —that order;\n- (ii) for property the subject of a charge under section 88 —the proceeds assessment order; or","sortOrder":117},{"sectionNumber":"ch.2-pt.5A","sectionType":"part","heading":"Unexplained wealth orders","content":"# Unexplained wealth orders","sortOrder":118},{"sectionNumber":"ch.2-pt.5A-div.1","sectionType":"division","heading":"Application for, and making and variation of, unexplained wealth orders","content":"## Application for, and making and variation of, unexplained wealth orders","sortOrder":119},{"sectionNumber":"sec.89E","sectionType":"section","heading":"Meaning of current or previous wealth","content":"### sec.89E Meaning of current or previous wealth\n\nThe current or previous wealth , of a person, is the amount that is the total value of the following—\nall of the person’s property, including property that the person has, at any time, disposed of, whether by gift, sale or any other means;\nall benefits provided to, and benefits derived by, the person;\nwhether acquired, disposed of, provided or derived before or after the commencement of this section and whether within or outside Queensland.\nHowever, the current or previous wealth , of a person, does not include the value of any of the following—\nany property that has been forfeited under this or any other Act;\nany property, benefit or benefit derived that was taken into account for making an earlier unexplained wealth order against the person;\nany property, benefit or benefit derived that was taken into account for making a tainted property substitution declaration against the person.\ns 89E ins 2013 No. 21 s 40\n(sec.89E-ssec.1) The current or previous wealth , of a person, is the amount that is the total value of the following— all of the person’s property, including property that the person has, at any time, disposed of, whether by gift, sale or any other means; all benefits provided to, and benefits derived by, the person; whether acquired, disposed of, provided or derived before or after the commencement of this section and whether within or outside Queensland.\n(sec.89E-ssec.2) However, the current or previous wealth , of a person, does not include the value of any of the following— any property that has been forfeited under this or any other Act; any property, benefit or benefit derived that was taken into account for making an earlier unexplained wealth order against the person; any property, benefit or benefit derived that was taken into account for making a tainted property substitution declaration against the person.\n- (a) all of the person’s property, including property that the person has, at any time, disposed of, whether by gift, sale or any other means;\n- (b) all benefits provided to, and benefits derived by, the person;\n- (a) any property that has been forfeited under this or any other Act;\n- (b) any property, benefit or benefit derived that was taken into account for making an earlier unexplained wealth order against the person;\n- (c) any property, benefit or benefit derived that was taken into account for making a tainted property substitution declaration against the person.","sortOrder":120},{"sectionNumber":"sec.89F","sectionType":"section","heading":"Application for unexplained wealth order","content":"### sec.89F Application for unexplained wealth order\n\nThe State may apply to the Supreme Court for an order ( unexplained wealth order ) requiring a person to pay to the State an amount assessed by the court to be the value of the person’s unexplained wealth.\nThe State must give notice of the application to—\nthe person against whom the order is sought; and\nanyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.\nA person given notice under subsection (2) may appear at the hearing of the application.\nThe absence of a person required to be given notice of the application does not prevent the Supreme Court from making an unexplained wealth order.\ns 89F ins 2013 No. 21 s 40\n(sec.89F-ssec.1) The State may apply to the Supreme Court for an order ( unexplained wealth order ) requiring a person to pay to the State an amount assessed by the court to be the value of the person’s unexplained wealth.\n(sec.89F-ssec.2) The State must give notice of the application to— the person against whom the order is sought; and anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.\n(sec.89F-ssec.3) A person given notice under subsection (2) may appear at the hearing of the application.\n(sec.89F-ssec.4) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making an unexplained wealth order.\n- (a) the person against whom the order is sought; and\n- (b) anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.","sortOrder":121},{"sectionNumber":"sec.89G","sectionType":"section","heading":"Making of unexplained wealth order","content":"### sec.89G Making of unexplained wealth order\n\nThe Supreme Court must, on an application under section 89F , make an unexplained wealth order against a person if it is satisfied there is a reasonable suspicion that—\nthe person—\nhas engaged in 1 or more serious crime related activities; or\nhas acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and\nany of the person’s current or previous wealth was acquired unlawfully.\nHowever, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\nA finding of the court under subsection (1) (a) —\nneed not be based on a reasonable suspicion that a particular offence was committed; and\nmay be based on a reasonable suspicion that some offence that is a serious crime related activity was committed.\nThe court may not make an unexplained wealth order on an application that relates only to external serious crime related activity unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity.\nFor subsection (4) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.\nThe court may make the ancillary orders the court considers appropriate when it makes the unexplained wealth order or at a later time.\ns 89G ins 2013 No. 21 s 40\n(sec.89G-ssec.1) The Supreme Court must, on an application under section 89F , make an unexplained wealth order against a person if it is satisfied there is a reasonable suspicion that— the person— has engaged in 1 or more serious crime related activities; or has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and any of the person’s current or previous wealth was acquired unlawfully.\n(sec.89G-ssec.2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.\n(sec.89G-ssec.3) A finding of the court under subsection (1) (a) — need not be based on a reasonable suspicion that a particular offence was committed; and may be based on a reasonable suspicion that some offence that is a serious crime related activity was committed.\n(sec.89G-ssec.4) The court may not make an unexplained wealth order on an application that relates only to external serious crime related activity unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity.\n(sec.89G-ssec.5) For subsection (4) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.\n(sec.89G-ssec.6) The court may make the ancillary orders the court considers appropriate when it makes the unexplained wealth order or at a later time.\n- (a) the person— (i) has engaged in 1 or more serious crime related activities; or (ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and\n- (i) has engaged in 1 or more serious crime related activities; or\n- (ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and\n- (b) any of the person’s current or previous wealth was acquired unlawfully.\n- (i) has engaged in 1 or more serious crime related activities; or\n- (ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and\n- (a) need not be based on a reasonable suspicion that a particular offence was committed; and\n- (b) may be based on a reasonable suspicion that some offence that is a serious crime related activity was committed.","sortOrder":122},{"sectionNumber":"sec.89H","sectionType":"section","heading":"Amount payable under unexplained wealth order","content":"### sec.89H Amount payable under unexplained wealth order\n\nAn unexplained wealth order must state, as the amount required to be paid to the State, the value of the person’s unexplained wealth.\nThe value of the person’s unexplained wealth must be assessed by the Supreme Court under division 2 .\nHowever, the court may reduce the amount that would otherwise be payable as assessed under division 2 if it is satisfied it is in the public interest to do so.\ns 89H ins 2013 No. 21 s 40\n(sec.89H-ssec.1) An unexplained wealth order must state, as the amount required to be paid to the State, the value of the person’s unexplained wealth.\n(sec.89H-ssec.2) The value of the person’s unexplained wealth must be assessed by the Supreme Court under division 2 .\n(sec.89H-ssec.3) However, the court may reduce the amount that would otherwise be payable as assessed under division 2 if it is satisfied it is in the public interest to do so.","sortOrder":123},{"sectionNumber":"sec.89I","sectionType":"section","heading":"Unexplained wealth order increase if forfeiture ends etc.","content":"### sec.89I Unexplained wealth order increase if forfeiture ends etc.\n\nThis section applies if—\nthe Supreme Court makes an unexplained wealth order against a person; and\nin deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and\nafter the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.\nThe State may apply to the Supreme Court for a variation of the unexplained wealth order to increase the amount payable under the order.\nIf the Supreme Court considers an increase appropriate, it may vary the amount payable under the unexplained wealth order.\ns 89I ins 2013 No. 21 s 40\n(sec.89I-ssec.1) This section applies if— the Supreme Court makes an unexplained wealth order against a person; and in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.\n(sec.89I-ssec.2) The State may apply to the Supreme Court for a variation of the unexplained wealth order to increase the amount payable under the order.\n(sec.89I-ssec.3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the unexplained wealth order.\n- (a) the Supreme Court makes an unexplained wealth order against a person; and\n- (b) in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and\n- (c) after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.","sortOrder":124},{"sectionNumber":"sec.89J","sectionType":"section","heading":"Notice of unexplained wealth order","content":"### sec.89J Notice of unexplained wealth order\n\nWithin 28 days after an unexplained wealth order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) —\nall known dependants of the person against whom the order is made;\nanyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\nFor subsection (1) , the documents are—\na copy of the unexplained wealth order; and\na written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89Q .\nIf required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\ns 89J ins 2013 No. 21 s 40\n(sec.89J-ssec.1) Within 28 days after an unexplained wealth order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) — all known dependants of the person against whom the order is made; anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\n(sec.89J-ssec.2) For subsection (1) , the documents are— a copy of the unexplained wealth order; and a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89Q .\n(sec.89J-ssec.3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\n- (a) all known dependants of the person against whom the order is made;\n- (b) anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.\n- (a) a copy of the unexplained wealth order; and\n- (b) a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89Q .","sortOrder":125},{"sectionNumber":"ch.2-pt.5A-div.2","sectionType":"division","heading":"Assessment of value of unexplained wealth","content":"## Assessment of value of unexplained wealth","sortOrder":126},{"sectionNumber":"sec.89K","sectionType":"section","heading":"Application of div 2","content":"### sec.89K Application of div 2\n\nThis division applies to property in Queensland or elsewhere.\ns 89K ins 2013 No. 21 s 40","sortOrder":127},{"sectionNumber":"sec.89L","sectionType":"section","heading":"Assessment for unexplained wealth order","content":"### sec.89L Assessment for unexplained wealth order\n\nThe unexplained wealth of a person is the amount mentioned in subsection (2) or (3) .\nFor subsection (1) , the amount may be the amount equivalent to—\nthe person’s current or previous wealth of which the State has given evidence; less\nany of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired.\nAlternatively, for subsection (1) , the amount may be the amount equivalent to the person’s expenditure for a period of which the State has given evidence less the income for that period that the person proves was lawfully acquired.\nFor subsection (2) , the value of a thing included as current or previous wealth is—\nif the wealth has been disposed of, the greater of—\nthe value when the wealth was acquired; or\nthe value immediately before the wealth was disposed of; or\notherwise, the greater of—\nthe value when the wealth was acquired; or\nthe value when the application for the unexplained wealth order was made.\nHowever, the court may—\ntreat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and\nwithout limiting paragraph (a) , have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application.\nIn this section—\nacquired includes provided or derived.\ns 89L ins 2013 No. 21 s 40\n(sec.89L-ssec.1) The unexplained wealth of a person is the amount mentioned in subsection (2) or (3) .\n(sec.89L-ssec.2) For subsection (1) , the amount may be the amount equivalent to— the person’s current or previous wealth of which the State has given evidence; less any of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired.\n(sec.89L-ssec.3) Alternatively, for subsection (1) , the amount may be the amount equivalent to the person’s expenditure for a period of which the State has given evidence less the income for that period that the person proves was lawfully acquired.\n(sec.89L-ssec.4) For subsection (2) , the value of a thing included as current or previous wealth is— if the wealth has been disposed of, the greater of— the value when the wealth was acquired; or the value immediately before the wealth was disposed of; or otherwise, the greater of— the value when the wealth was acquired; or the value when the application for the unexplained wealth order was made.\n(sec.89L-ssec.5) However, the court may— treat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and without limiting paragraph (a) , have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application.\n(sec.89L-ssec.6) In this section— acquired includes provided or derived.\n- (a) the person’s current or previous wealth of which the State has given evidence; less\n- (b) any of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired.\n- (a) if the wealth has been disposed of, the greater of— (i) the value when the wealth was acquired; or (ii) the value immediately before the wealth was disposed of; or\n- (i) the value when the wealth was acquired; or\n- (ii) the value immediately before the wealth was disposed of; or\n- (b) otherwise, the greater of— (i) the value when the wealth was acquired; or (ii) the value when the application for the unexplained wealth order was made.\n- (i) the value when the wealth was acquired; or\n- (ii) the value when the application for the unexplained wealth order was made.\n- (i) the value when the wealth was acquired; or\n- (ii) the value immediately before the wealth was disposed of; or\n- (i) the value when the wealth was acquired; or\n- (ii) the value when the application for the unexplained wealth order was made.\n- (a) treat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and\n- (b) without limiting paragraph (a) , have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application.","sortOrder":128},{"sectionNumber":"ch.2-pt.5A-div.3","sectionType":"division","heading":"Operation of unexplained wealth orders","content":"## Operation of unexplained wealth orders","sortOrder":129},{"sectionNumber":"sec.89M","sectionType":"section","heading":"Unexplained wealth order amount is debt payable to State","content":"### sec.89M Unexplained wealth order amount is debt payable to State\n\nThe amount a person is ordered to pay to the State under an unexplained wealth order is a debt payable by the person to the State.\nThe unexplained wealth order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the unexplained wealth order.\ns 89M ins 2013 No. 21 s 40\n(sec.89M-ssec.1) The amount a person is ordered to pay to the State under an unexplained wealth order is a debt payable by the person to the State.\n(sec.89M-ssec.2) The unexplained wealth order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the unexplained wealth order.","sortOrder":130},{"sectionNumber":"sec.89N","sectionType":"section","heading":"Enforcement of order against property under effective control","content":"### sec.89N Enforcement of order against property under effective control\n\nThe State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made an unexplained wealth order (the controlling person ).\nThe commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application—\nthe controlling person;\nanyone else the commission or the commissioner of the police service considers may have an interest in the property.\nThe controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\nIf the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the unexplained wealth order to the extent to which other property of the controlling person is not readily available for the purpose.\nThe unexplained wealth order may be enforced against the property to the extent stated in the declaration.\nThe court may also make a restraining order in relation to the property.\nThe absence of a person required to be given notice of the application does not prevent the court from making the order.\nSubsection (5) does not apply to property that is the subject of a hardship order.\ns 89N ins 2013 No. 21 s 40\n(sec.89N-ssec.1) The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made an unexplained wealth order (the controlling person ).\n(sec.89N-ssec.2) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— the controlling person; anyone else the commission or the commissioner of the police service considers may have an interest in the property.\n(sec.89N-ssec.3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\n(sec.89N-ssec.4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the unexplained wealth order to the extent to which other property of the controlling person is not readily available for the purpose.\n(sec.89N-ssec.5) The unexplained wealth order may be enforced against the property to the extent stated in the declaration.\n(sec.89N-ssec.6) The court may also make a restraining order in relation to the property.\n(sec.89N-ssec.7) The absence of a person required to be given notice of the application does not prevent the court from making the order.\n(sec.89N-ssec.8) Subsection (5) does not apply to property that is the subject of a hardship order.\n- (a) the controlling person;\n- (b) anyone else the commission or the commissioner of the police service considers may have an interest in the property.","sortOrder":131},{"sectionNumber":"sec.89O","sectionType":"section","heading":"Charge on property","content":"### sec.89O Charge on property\n\nOn the making of an unexplained wealth order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount.\nA charge created under subsection (1) —\nis subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and\nhas priority over all other encumbrances; and\nis not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and\nis declared to be a statutory interest to which the Personal Property Securities Act 2009 (Cwlth) , section 73 (2) applies.\nThe charge stops having effect if any of the following happens—\nthe unexplained wealth order is discharged on an appeal against the making of the order;\nthe amount payable to the State is paid;\nthe relevant person becomes bankrupt;\nthe interest charged is sold or otherwise disposed of under this Act other than—\nunder a condition of a restraining order under this chapter, chapter 2A or chapter 3 ; or\nby order of the Supreme Court under section 46 , 93ZP or 138 ;\nthe interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge;\na hardship order is made excluding property from the operation of the charge.\nIf a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law.\nFor subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person.\nThe public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge.\nThe request must be in the appropriate form.\nThe registrar of titles must register the charge over the land on lodgement of—\nthe request; and\na certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the unexplained wealth order that is unpaid.\nAs soon as practicable after the amount payable under the unexplained wealth order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge.\nThe registrar of titles must register the release of the charge over the land.\nIn this section—\nrelevant person means the person against whom the unexplained wealth order is made.\ns 89O ins 2013 No. 21 s 40\namd 2021 No. 12 s 148 sch 3\n(sec.89O-ssec.1) On the making of an unexplained wealth order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount.\n(sec.89O-ssec.2) A charge created under subsection (1) — is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and has priority over all other encumbrances; and is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and is declared to be a statutory interest to which the Personal Property Securities Act 2009 (Cwlth) , section 73 (2) applies.\n(sec.89O-ssec.3) The charge stops having effect if any of the following happens— the unexplained wealth order is discharged on an appeal against the making of the order; the amount payable to the State is paid; the relevant person becomes bankrupt; the interest charged is sold or otherwise disposed of under this Act other than— under a condition of a restraining order under this chapter, chapter 2A or chapter 3 ; or by order of the Supreme Court under section 46 , 93ZP or 138 ; the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; a hardship order is made excluding property from the operation of the charge.\n(sec.89O-ssec.4) If a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law.\n(sec.89O-ssec.5) For subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person.\n(sec.89O-ssec.6) The public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge.\n(sec.89O-ssec.7) The request must be in the appropriate form.\n(sec.89O-ssec.8) The registrar of titles must register the charge over the land on lodgement of— the request; and a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the unexplained wealth order that is unpaid.\n(sec.89O-ssec.9) As soon as practicable after the amount payable under the unexplained wealth order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge.\n(sec.89O-ssec.10) The registrar of titles must register the release of the charge over the land.\n(sec.89O-ssec.11) In this section— relevant person means the person against whom the unexplained wealth order is made.\n- (a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and\n- (b) has priority over all other encumbrances; and\n- (c) is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and\n- (d) is declared to be a statutory interest to which the Personal Property Securities Act 2009 (Cwlth) , section 73 (2) applies.\n- (a) the unexplained wealth order is discharged on an appeal against the making of the order;\n- (b) the amount payable to the State is paid;\n- (c) the relevant person becomes bankrupt;\n- (d) the interest charged is sold or otherwise disposed of under this Act other than— (i) under a condition of a restraining order under this chapter, chapter 2A or chapter 3 ; or (ii) by order of the Supreme Court under section 46 , 93ZP or 138 ;\n- (i) under a condition of a restraining order under this chapter, chapter 2A or chapter 3 ; or\n- (ii) by order of the Supreme Court under section 46 , 93ZP or 138 ;\n- (e) the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge;\n- (f) a hardship order is made excluding property from the operation of the charge.\n- (i) under a condition of a restraining order under this chapter, chapter 2A or chapter 3 ; or\n- (ii) by order of the Supreme Court under section 46 , 93ZP or 138 ;\n- (a) the request; and\n- (b) a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the unexplained wealth order that is unpaid.","sortOrder":132},{"sectionNumber":"sec.89P","sectionType":"section","heading":"Effect of other actions on unexplained wealth order","content":"### sec.89P Effect of other actions on unexplained wealth order\n\nThe quashing of a conviction of a serious criminal offence in relation to the serious crime related activity that formed the basis of an unexplained wealth order does not affect the validity of the order.\nIf an unexplained wealth order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.\ns 89P ins 2013 No. 21 s 40\n(sec.89P-ssec.1) The quashing of a conviction of a serious criminal offence in relation to the serious crime related activity that formed the basis of an unexplained wealth order does not affect the validity of the order.\n(sec.89P-ssec.2) If an unexplained wealth order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.","sortOrder":133},{"sectionNumber":"ch.2-pt.5A-div.4","sectionType":"division","heading":"Hardship orders","content":"## Hardship orders","sortOrder":134},{"sectionNumber":"sec.89Q","sectionType":"section","heading":"Application for hardship order","content":"### sec.89Q Application for hardship order\n\nA dependant of the person against whom an unexplained wealth order is made may apply to the Supreme Court for a hardship order.\nUnless the court gives leave under section 89R , the application must be made within 3 months after—\nfor property the subject of an order under section 89N (4) —the day the order is made; or\nfor property the subject of a charge under section 89O —the day the unexplained wealth order is made.\nFor each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of—\nthe making of the application; and\nthe grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 89N (4) or a charge under section 89O that the application relates to; and\nthe facts relied on.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe notice must be given at least 28 days before the day set for hearing the application.\nThe written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\ns 89Q ins 2013 No. 21 s 40\n(sec.89Q-ssec.1) A dependant of the person against whom an unexplained wealth order is made may apply to the Supreme Court for a hardship order.\n(sec.89Q-ssec.2) Unless the court gives leave under section 89R , the application must be made within 3 months after— for property the subject of an order under section 89N (4) —the day the order is made; or for property the subject of a charge under section 89O —the day the unexplained wealth order is made.\n(sec.89Q-ssec.3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of— the making of the application; and the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 89N (4) or a charge under section 89O that the application relates to; and the facts relied on.\n(sec.89Q-ssec.4) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.89Q-ssec.5) The notice must be given at least 28 days before the day set for hearing the application.\n(sec.89Q-ssec.6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\n(sec.89Q-ssec.7) The State must be a party to the application.\n(sec.89Q-ssec.8) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.89Q-ssec.9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.89Q-ssec.10) The State must give the applicant notice of the grounds for opposing the application.\n- (a) for property the subject of an order under section 89N (4) —the day the order is made; or\n- (b) for property the subject of a charge under section 89O —the day the unexplained wealth order is made.\n- (a) the making of the application; and\n- (b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 89N (4) or a charge under section 89O that the application relates to; and\n- (c) the facts relied on.","sortOrder":135},{"sectionNumber":"sec.89R","sectionType":"section","heading":"When Supreme Court may give leave for s 89Q","content":"### sec.89R When Supreme Court may give leave for s 89Q\n\nThe Supreme Court may give leave to apply for a hardship order after the end of the period mentioned in section 89Q (2) if it is satisfied the delay in applying was not because of the applicant’s neglect.\ns 89R ins 2013 No. 21 s 40","sortOrder":136},{"sectionNumber":"sec.89S","sectionType":"section","heading":"Making of hardship order","content":"### sec.89S Making of hardship order\n\nThe Supreme Court may, on an application under section 89Q , make an order ( hardship order ) excluding special property from the operation of an order under section 89N (4) or a charge under section 89O if it is satisfied—\nthe applicant is a dependant of the person against whom the unexplained wealth order was made; and\nthe operation of the order under section 89N (4) or charge under section 89O will cause hardship to the dependant.\nHowever, the court must not make a hardship order in favour of an adult dependant of the person against whom an unexplained wealth order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the unexplained wealth order.\nIn this section—\nspecial property means—\nany property, if the last change of ownership resulted from the death of someone other than the person against whom the unexplained wealth order was made; or\nproperty given under a will\nproperty that is or was the dependant’s principal place of residence, if—\nthe last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and\nthe property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\ns 89S ins 2013 No. 21 s 40\n(sec.89S-ssec.1) The Supreme Court may, on an application under section 89Q , make an order ( hardship order ) excluding special property from the operation of an order under section 89N (4) or a charge under section 89O if it is satisfied— the applicant is a dependant of the person against whom the unexplained wealth order was made; and the operation of the order under section 89N (4) or charge under section 89O will cause hardship to the dependant.\n(sec.89S-ssec.2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom an unexplained wealth order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the unexplained wealth order.\n(sec.89S-ssec.3) In this section— special property means— any property, if the last change of ownership resulted from the death of someone other than the person against whom the unexplained wealth order was made; or property given under a will property that is or was the dependant’s principal place of residence, if— the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (a) the applicant is a dependant of the person against whom the unexplained wealth order was made; and\n- (b) the operation of the order under section 89N (4) or charge under section 89O will cause hardship to the dependant.\n- (a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the unexplained wealth order was made; or Example— property given under a will\n- (b) property that is or was the dependant’s principal place of residence, if— (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .","sortOrder":137},{"sectionNumber":"sec.89T","sectionType":"section","heading":"Property not to be disposed of during hardship order period","content":"### sec.89T Property not to be disposed of during hardship order period\n\nDuring the hardship order period, the State must not, without the leave of the Supreme Court—\ndispose of—\nproperty the subject of an order under section 89N (4) ; or\nproperty the subject of a charge under section 89O ; or\nauthorise anyone else to dispose of property mentioned in paragraph (a) .\nIn this section—\nhardship order period means the period of 3 months starting on the later of—\nthe day the following order was made—\nfor property the subject of an order under section 89N (4) —that order;\nfor property the subject of a charge under section 89O —the unexplained wealth order; or\nthe day on which all proceedings relating to hardship orders are finally decided.\ns 89T ins 2013 No. 21 s 40\n(sec.89T-ssec.1) During the hardship order period, the State must not, without the leave of the Supreme Court— dispose of— property the subject of an order under section 89N (4) ; or property the subject of a charge under section 89O ; or authorise anyone else to dispose of property mentioned in paragraph (a) .\n(sec.89T-ssec.2) In this section— hardship order period means the period of 3 months starting on the later of— the day the following order was made— for property the subject of an order under section 89N (4) —that order; for property the subject of a charge under section 89O —the unexplained wealth order; or the day on which all proceedings relating to hardship orders are finally decided.\n- (a) dispose of— (i) property the subject of an order under section 89N (4) ; or (ii) property the subject of a charge under section 89O ; or\n- (i) property the subject of an order under section 89N (4) ; or\n- (ii) property the subject of a charge under section 89O ; or\n- (b) authorise anyone else to dispose of property mentioned in paragraph (a) .\n- (i) property the subject of an order under section 89N (4) ; or\n- (ii) property the subject of a charge under section 89O ; or\n- (a) the day the following order was made— (i) for property the subject of an order under section 89N (4) —that order; (ii) for property the subject of a charge under section 89O —the unexplained wealth order; or\n- (i) for property the subject of an order under section 89N (4) —that order;\n- (ii) for property the subject of a charge under section 89O —the unexplained wealth order; or\n- (b) the day on which all proceedings relating to hardship orders are finally decided.\n- (i) for property the subject of an order under section 89N (4) —that order;\n- (ii) for property the subject of a charge under section 89O —the unexplained wealth order; or","sortOrder":138},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":139},{"sectionNumber":"sec.90","sectionType":"section","heading":"Serious crime related activity can form basis of a number of orders","content":"### sec.90 Serious crime related activity can form basis of a number of orders\n\nThe fact that a restraining order or a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of another restraining order or forfeiture order on the basis of that activity.\nAlso, the fact that a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of a proceeds assessment order or an unexplained wealth order on the basis of that activity.\nIn addition, the fact that a proceeds assessment order or an unexplained wealth order has been made on the basis of a person’s serious crime related activity does not prevent the making of a forfeiture order on the basis of that activity.\nHowever, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person.\nIf the State has unsuccessfully applied—\nfor a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or\nfor an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.\ns 90 amd 2013 No. 21 s 41\n(sec.90-ssec.1) The fact that a restraining order or a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of another restraining order or forfeiture order on the basis of that activity.\n(sec.90-ssec.2) Also, the fact that a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of a proceeds assessment order or an unexplained wealth order on the basis of that activity.\n(sec.90-ssec.3) In addition, the fact that a proceeds assessment order or an unexplained wealth order has been made on the basis of a person’s serious crime related activity does not prevent the making of a forfeiture order on the basis of that activity.\n(sec.90-ssec.4) However, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person.\n(sec.90-ssec.5) If the State has unsuccessfully applied— for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.\n- (a) for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or\n- (b) for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.","sortOrder":140},{"sectionNumber":"sec.91","sectionType":"section","heading":"Effect of death of person involved","content":"### sec.91 Effect of death of person involved\n\nA notice authorised or required to be given under this chapter to a person who is dead is taken to have been given if it is given to the person’s legal personal representative.\nA reference in this chapter to an interest in property of a person who is dead is a reference to an interest in the property the person had immediately before death.\nAn order may be applied for and made under this chapter—\nin relation to a person’s interest in property even if the person is dead; and\non the basis of the previous activities of a person who is dead.\n(sec.91-ssec.1) A notice authorised or required to be given under this chapter to a person who is dead is taken to have been given if it is given to the person’s legal personal representative.\n(sec.91-ssec.2) A reference in this chapter to an interest in property of a person who is dead is a reference to an interest in the property the person had immediately before death.\n(sec.91-ssec.3) An order may be applied for and made under this chapter— in relation to a person’s interest in property even if the person is dead; and on the basis of the previous activities of a person who is dead.\n- (a) in relation to a person’s interest in property even if the person is dead; and\n- (b) on the basis of the previous activities of a person who is dead.","sortOrder":141},{"sectionNumber":"sec.92","sectionType":"section","heading":"Effect of death of joint owner of restrained property","content":"### sec.92 Effect of death of joint owner of restrained property\n\nThis section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.\nThe death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.\nAlso, the restraining order continues to apply to the interest as if the person had not died.\nA forfeiture order applying to the interest applies as if the order took effect immediately before the person died.\nIf a restraining order stops applying to property without a forfeiture order being made in relation to the property, subsection (2) is taken not to have applied to the property.\n(sec.92-ssec.1) This section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.\n(sec.92-ssec.2) The death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.\n(sec.92-ssec.3) Also, the restraining order continues to apply to the interest as if the person had not died.\n(sec.92-ssec.4) A forfeiture order applying to the interest applies as if the order took effect immediately before the person died.\n(sec.92-ssec.5) If a restraining order stops applying to property without a forfeiture order being made in relation to the property, subsection (2) is taken not to have applied to the property.","sortOrder":142},{"sectionNumber":"sec.93","sectionType":"section","heading":"No stay of proceedings","content":"### sec.93 No stay of proceedings\n\nThe fact that a criminal proceeding has been started against a person, whether or not under this Act, is not a ground on which the Supreme Court may stay a proceeding against or in relation to the person under this chapter that is not a criminal proceeding.","sortOrder":143},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":144},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Explanation of ch 2A","content":"### sec.93A Explanation of ch 2A\n\nThis chapter enables proceedings to be started for the forfeiture of particular property of, or gifts given to someone else during a particular period by, a person who has been convicted of a qualifying offence for which a serious drug offence certificate has been issued.\nIt does this by enabling the Supreme Court, as a preliminary step, to make a restraining order preventing particular property being dealt with without the court’s leave.\nAlso, it allows—\nthe person against whom a serious drug offender confiscation order is made to keep protected property; and\na dependant of the person against whom a serious drug offender confiscation order is made to seek relief from the Supreme Court on the basis of hardship resulting from the order.\ns 93A ins 2013 No. 21 s 42\n(sec.93A-ssec.1) This chapter enables proceedings to be started for the forfeiture of particular property of, or gifts given to someone else during a particular period by, a person who has been convicted of a qualifying offence for which a serious drug offence certificate has been issued.\n(sec.93A-ssec.2) It does this by enabling the Supreme Court, as a preliminary step, to make a restraining order preventing particular property being dealt with without the court’s leave.\n(sec.93A-ssec.3) Also, it allows— the person against whom a serious drug offender confiscation order is made to keep protected property; and a dependant of the person against whom a serious drug offender confiscation order is made to seek relief from the Supreme Court on the basis of hardship resulting from the order.\n- (a) the person against whom a serious drug offender confiscation order is made to keep protected property; and\n- (b) a dependant of the person against whom a serious drug offender confiscation order is made to seek relief from the Supreme Court on the basis of hardship resulting from the order.","sortOrder":145},{"sectionNumber":"sec.93B","sectionType":"section","heading":"Application of ch 2A","content":"### sec.93B Application of ch 2A\n\nThis chapter applies in relation to a qualifying offence, or a pre-qualifying offence, for which a person is charged after the commencement, whether the offence was committed before or after the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 93B ins 2013 No. 21 s 42\n(sec.93B-ssec.1) This chapter applies in relation to a qualifying offence, or a pre-qualifying offence, for which a person is charged after the commencement, whether the offence was committed before or after the commencement.\n(sec.93B-ssec.2) In this section— commencement means the commencement of this section.","sortOrder":146},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":147},{"sectionNumber":"sec.93C","sectionType":"section","heading":"Definitions for ch 2A","content":"### sec.93C Definitions for ch 2A\n\nIn this chapter—\ncancelled , in relation to a serious drug offence certificate, means cancelled under the Penalties and Sentences Act 1992 , section 161K .\ncategory A offence see the Penalties and Sentences Act 1992 , section 161F .\ncategory B offence see the Penalties and Sentences Act 1992 , section 161F .\ncategory C offence see the Penalties and Sentences Act 1992 , section 161F .\nconvicted , of a qualifying offence or a pre-qualifying offence, means convicted of the offence within the meaning of the Penalties and Sentences Act 1992 , section 4 .\neffective control , of property, see section 93D .\nissued , in relation to a serious drug offence certificate, means issued under the Penalties and Sentences Act 1992 , section 161G .\npre-qualifying offence see section 93F .\nprescribed respondent see—\nfor part 3 — section 93G ; or\nfor part 4 — section 93ZZ (1) .\nprotected property , of a person, see section 93E .\nqualifying offence see section 93F .\nserious drug offence certificate see the Penalties and Sentences Act 1992 , section 161G .\nserious drug offender confiscation order see section 93ZY .\ns 93C ins 2013 No. 21 s 42\n- (a) for part 3 — section 93G ; or\n- (b) for part 4 — section 93ZZ (1) .","sortOrder":148},{"sectionNumber":"sec.93D","sectionType":"section","heading":"Meaning of effective control","content":"### sec.93D Meaning of effective control\n\nEffective control , of property, has the same meaning as in section 20 .\nThe definition of property is given by the Acts Interpretation Act 1954 , schedule 1 .\nFor subsection (1) , a reference in section 20 to chapter 2 is taken to be a reference to this chapter.\ns 93D ins 2013 No. 21 s 42\namd 2023 No. 23 s 247 sch 1 s 5\n(sec.93D-ssec.1) Effective control , of property, has the same meaning as in section 20 . The definition of property is given by the Acts Interpretation Act 1954 , schedule 1 .\n(sec.93D-ssec.2) For subsection (1) , a reference in section 20 to chapter 2 is taken to be a reference to this chapter.","sortOrder":149},{"sectionNumber":"sec.93E","sectionType":"section","heading":"Meaning of protected property","content":"### sec.93E Meaning of protected property\n\nFor this chapter, protected property , of a person, means property of the person of a kind mentioned in a relevant provision that would not, if the person became a bankrupt under the Bankruptcy Act 1966 (Cwlth) , be divisible amongst the person’s creditors.\nA regulation may make provision for how the Bankruptcy Act 1966 (Cwlth) , section 116 (2) is to apply for the purpose of subsection (1) .\nIn this section—\nrelevant provision means the following provisions of the Bankruptcy Act 1966 (Cwlth) —\nsection 116 (2) (b) (i) ;\nsection 116 (2) (ba) ;\nsection 116 (2) (c) (i) ;\nsection 116 (2) (ca) ;\nsection 116 (2) (g) .\nFor subsection (3) , definition relevant provision , paragraph (b) , section 116(2)(ba)(iii) is to be disregarded.\ns 93E ins 2013 No. 21 s 42\n(sec.93E-ssec.1) For this chapter, protected property , of a person, means property of the person of a kind mentioned in a relevant provision that would not, if the person became a bankrupt under the Bankruptcy Act 1966 (Cwlth) , be divisible amongst the person’s creditors.\n(sec.93E-ssec.2) A regulation may make provision for how the Bankruptcy Act 1966 (Cwlth) , section 116 (2) is to apply for the purpose of subsection (1) .\n(sec.93E-ssec.3) In this section— relevant provision means the following provisions of the Bankruptcy Act 1966 (Cwlth) — section 116 (2) (b) (i) ; section 116 (2) (ba) ; section 116 (2) (c) (i) ; section 116 (2) (ca) ; section 116 (2) (g) .\n(sec.93E-ssec.4) For subsection (3) , definition relevant provision , paragraph (b) , section 116(2)(ba)(iii) is to be disregarded.\n- (a) section 116 (2) (b) (i) ;\n- (b) section 116 (2) (ba) ;\n- (c) section 116 (2) (c) (i) ;\n- (d) section 116 (2) (ca) ;\n- (e) section 116 (2) (g) .","sortOrder":150},{"sectionNumber":"sec.93F","sectionType":"section","heading":"Meaning of qualifying offence and pre-qualifying offence","content":"### sec.93F Meaning of qualifying offence and pre-qualifying offence\n\nA category A offence is a qualifying offence .\nAlso, a category B offence or category C offence is a qualifying offence if—\nthe offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )—\n2 category B offences;\n2 category C offences;\n1 category B offence and 1 category C offence; and\na serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.\nFor subsection (2) , if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence.\nSubsection (5) applies if—\nan offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and\nthe serious drug offender confiscation order has not been discharged under part 4 , division 5 .\nDespite subsections (1) and (2) , the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order.\ns 93F ins 2013 No. 21 s 42\n(sec.93F-ssec.1) A category A offence is a qualifying offence .\n(sec.93F-ssec.2) Also, a category B offence or category C offence is a qualifying offence if— the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )— 2 category B offences; 2 category C offences; 1 category B offence and 1 category C offence; and a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.\n(sec.93F-ssec.3) For subsection (2) , if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence.\n(sec.93F-ssec.4) Subsection (5) applies if— an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and the serious drug offender confiscation order has not been discharged under part 4 , division 5 .\n(sec.93F-ssec.5) Despite subsections (1) and (2) , the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order.\n- (a) the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )— (i) 2 category B offences; (ii) 2 category C offences; (iii) 1 category B offence and 1 category C offence; and\n- (i) 2 category B offences;\n- (ii) 2 category C offences;\n- (iii) 1 category B offence and 1 category C offence; and\n- (b) a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.\n- (i) 2 category B offences;\n- (ii) 2 category C offences;\n- (iii) 1 category B offence and 1 category C offence; and\n- (a) an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and\n- (b) the serious drug offender confiscation order has not been discharged under part 4 , division 5 .","sortOrder":151},{"sectionNumber":"ch.2A-pt.3","sectionType":"part","heading":"Restraining orders","content":"# Restraining orders","sortOrder":152},{"sectionNumber":"ch.2A-pt.3-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":153},{"sectionNumber":"sec.93G","sectionType":"section","heading":"Definition for pt 3","content":"### sec.93G Definition for pt 3\n\nIn this part—\nprescribed respondent means a person who—\nis about to be, or has been, charged with the qualifying offence to which an application for a restraining order or a restraining order relates; or\nhas been convicted of a qualifying offence.\ns 93G ins 2013 No. 21 s 42\n- (a) is about to be, or has been, charged with the qualifying offence to which an application for a restraining order or a restraining order relates; or\n- (b) has been convicted of a qualifying offence.","sortOrder":154},{"sectionNumber":"ch.2A-pt.3-div.2","sectionType":"division","heading":"Making and hearing of application for restraining order","content":"## Making and hearing of application for restraining order","sortOrder":155},{"sectionNumber":"sec.93H","sectionType":"section","heading":"Application for restraining order","content":"### sec.93H Application for restraining order\n\nThe State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property ) other than in a stated way or in stated circumstances.\nIf the application is made in urgent circumstances or the prescribed respondent is about to be charged with a qualifying offence, the application may be made without notice to the prescribed respondent or anyone else to whom it relates.\nThe application must be supported by an affidavit of an authorised commission officer or a police officer.\nThe application may relate to all or any of the following property—\nfor property of a prescribed respondent—\nstated property; or\na stated class of property; or\nall property; or\nall property other than stated property; or\nall or stated property acquired after the restraining order is made;\nstated property, or a stated class of property, of a stated person, other than a prescribed respondent.\nThe court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.\nThe court may require additional information supporting the application to be given by affidavit or statutory declaration.\ns 93H ins 2013 No. 21 s 42\n(sec.93H-ssec.1) The State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property ) other than in a stated way or in stated circumstances.\n(sec.93H-ssec.2) If the application is made in urgent circumstances or the prescribed respondent is about to be charged with a qualifying offence, the application may be made without notice to the prescribed respondent or anyone else to whom it relates.\n(sec.93H-ssec.3) The application must be supported by an affidavit of an authorised commission officer or a police officer.\n(sec.93H-ssec.4) The application may relate to all or any of the following property— for property of a prescribed respondent— stated property; or a stated class of property; or all property; or all property other than stated property; or all or stated property acquired after the restraining order is made; stated property, or a stated class of property, of a stated person, other than a prescribed respondent.\n(sec.93H-ssec.5) The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires. The court may require additional information supporting the application to be given by affidavit or statutory declaration.\n- (a) for property of a prescribed respondent— (i) stated property; or (ii) a stated class of property; or (iii) all property; or (iv) all property other than stated property; or (v) all or stated property acquired after the restraining order is made;\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;\n- (b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent.\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;","sortOrder":156},{"sectionNumber":"sec.93I","sectionType":"section","heading":"Affidavit—general requirements","content":"### sec.93I Affidavit—general requirements\n\nThe affidavit of the authorised commission officer or police officer must state the following—\nthe qualifying offence on which the application is based;\nthe officer suspects the prescribed respondent committed the qualifying offence and the reason for the suspicion;\nif the qualifying offence is a category B offence—details of the pre-qualifying offences;\nif the qualifying offence is a category C offence—\ndetails of the pre-qualifying offences; and\nthe officer suspects the prescribed respondent committed the qualifying offence with a commercial purpose and the reason for the suspicion;\ndetails of the property sought to be restrained;\nthe officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion.\ns 93I ins 2013 No. 21 s 42\n- (a) the qualifying offence on which the application is based;\n- (b) the officer suspects the prescribed respondent committed the qualifying offence and the reason for the suspicion;\n- (c) if the qualifying offence is a category B offence—details of the pre-qualifying offences;\n- (d) if the qualifying offence is a category C offence— (i) details of the pre-qualifying offences; and (ii) the officer suspects the prescribed respondent committed the qualifying offence with a commercial purpose and the reason for the suspicion;\n- (i) details of the pre-qualifying offences; and\n- (ii) the officer suspects the prescribed respondent committed the qualifying offence with a commercial purpose and the reason for the suspicion;\n- (e) details of the property sought to be restrained;\n- (f) the officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion.\n- (i) details of the pre-qualifying offences; and\n- (ii) the officer suspects the prescribed respondent committed the qualifying offence with a commercial purpose and the reason for the suspicion;","sortOrder":157},{"sectionNumber":"sec.93J","sectionType":"section","heading":"Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property","content":"### sec.93J Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property\n\nThis section applies only if an authorised commission officer’s or a police officer’s affidavit relates to property of someone other than the prescribed respondent.\nThis section is in addition to section 93I .\nThe officer’s affidavit must state—\nthe officer suspects that the property is either—\nunder the prescribed respondent’s effective control; or\na gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and\nthe reason for the suspicion.\ns 93J ins 2013 No. 21 s 42\n(sec.93J-ssec.1) This section applies only if an authorised commission officer’s or a police officer’s affidavit relates to property of someone other than the prescribed respondent.\n(sec.93J-ssec.2) This section is in addition to section 93I .\n(sec.93J-ssec.3) The officer’s affidavit must state— the officer suspects that the property is either— under the prescribed respondent’s effective control; or a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and the reason for the suspicion.\n- (a) the officer suspects that the property is either— (i) under the prescribed respondent’s effective control; or (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and\n- (i) under the prescribed respondent’s effective control; or\n- (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and\n- (b) the reason for the suspicion.\n- (i) under the prescribed respondent’s effective control; or\n- (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and","sortOrder":158},{"sectionNumber":"sec.93K","sectionType":"section","heading":"Notice of application for restraining order","content":"### sec.93K Notice of application for restraining order\n\nSubject to section 93L (2) , the State must give the following persons notice of the application—\neach person whose property is the subject of the application;\nanyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property.\nUnder the Uniform Civil Procedure Rules 1999 , an application filed in a court must be served on each respondent at least 3 business days before the day set for hearing the application.\nNotice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application.\nNotice given under subsection (1) (b) must include a statement informing the person that if the person asks, the person will be given a copy of the affidavit supporting the application.\ns 93K ins 2013 No. 21 s 42\n(sec.93K-ssec.1) Subject to section 93L (2) , the State must give the following persons notice of the application— each person whose property is the subject of the application; anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property. Under the Uniform Civil Procedure Rules 1999 , an application filed in a court must be served on each respondent at least 3 business days before the day set for hearing the application.\n(sec.93K-ssec.2) Notice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application.\n(sec.93K-ssec.3) Notice given under subsection (1) (b) must include a statement informing the person that if the person asks, the person will be given a copy of the affidavit supporting the application.\n- (a) each person whose property is the subject of the application;\n- (b) anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property.","sortOrder":159},{"sectionNumber":"sec.93L","sectionType":"section","heading":"Hearing of application","content":"### sec.93L Hearing of application\n\nThe Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider the application without notice having been given if an appropriate officer asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way and within the time the court considers appropriate.\nA person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 93L ins 2013 No. 21 s 42\n(sec.93L-ssec.1) The Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\n(sec.93L-ssec.2) Despite subsection (1) , the court must consider the application without notice having been given if an appropriate officer asks the court to do so.\n(sec.93L-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way and within the time the court considers appropriate.\n(sec.93L-ssec.4) A person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":160},{"sectionNumber":"ch.2A-pt.3-div.3","sectionType":"division","heading":"Making restraining orders","content":"## Making restraining orders","sortOrder":161},{"sectionNumber":"sec.93M","sectionType":"section","heading":"Making restraining order","content":"### sec.93M Making restraining order\n\nThe Supreme Court must make a restraining order in relation to property if, after considering the application and the relevant affidavit, it is satisfied—\nthe application relates to a prescribed respondent; and\nthere are reasonable grounds for the suspicions on which the application is based.\nHowever, the court may refuse to make the order if—\nthe court is satisfied in the particular circumstances it is not in the public interest to make the order; or\nthe State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\nThe commission or, if the application is made by a police officer, the commissioner of the police service may give the court the undertakings the court requires.\nThe court may make a restraining order in relation to a prescribed respondent who is about to be charged with a qualifying offence only if the court is satisfied the prescribed respondent will be charged with the qualifying offence within the next 48 hours.\nThe making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to—\na proceeding under this Act; or\na criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\ns 93M ins 2013 No. 21 s 42\n(sec.93M-ssec.1) The Supreme Court must make a restraining order in relation to property if, after considering the application and the relevant affidavit, it is satisfied— the application relates to a prescribed respondent; and there are reasonable grounds for the suspicions on which the application is based.\n(sec.93M-ssec.2) However, the court may refuse to make the order if— the court is satisfied in the particular circumstances it is not in the public interest to make the order; or the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\n(sec.93M-ssec.3) The commission or, if the application is made by a police officer, the commissioner of the police service may give the court the undertakings the court requires.\n(sec.93M-ssec.4) The court may make a restraining order in relation to a prescribed respondent who is about to be charged with a qualifying offence only if the court is satisfied the prescribed respondent will be charged with the qualifying offence within the next 48 hours.\n(sec.93M-ssec.5) The making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to— a proceeding under this Act; or a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\n- (a) the application relates to a prescribed respondent; and\n- (b) there are reasonable grounds for the suspicions on which the application is based.\n- (a) the court is satisfied in the particular circumstances it is not in the public interest to make the order; or\n- (b) the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\n- (a) a proceeding under this Act; or\n- (b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.","sortOrder":162},{"sectionNumber":"sec.93N","sectionType":"section","heading":"Absence of risk does not prevent making of order","content":"### sec.93N Absence of risk does not prevent making of order\n\nThe Supreme Court may make a restraining order against property whether or not there is a risk of the property being dealt with in a way that would defeat the operation of this Act.\ns 93N ins 2013 No. 21 s 42","sortOrder":163},{"sectionNumber":"sec.93O","sectionType":"section","heading":"Conditions of restraining order","content":"### sec.93O Conditions of restraining order\n\nIt is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\nThe Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following—\na condition about who is to have possession of the property;\na condition of a kind mentioned in section 93P or 93Q .\ns 93O ins 2013 No. 21 s 42\n(sec.93O-ssec.1) It is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\n(sec.93O-ssec.2) The Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following— a condition about who is to have possession of the property; a condition of a kind mentioned in section 93P or 93Q .\n- (a) a condition about who is to have possession of the property;\n- (b) a condition of a kind mentioned in section 93P or 93Q .","sortOrder":164},{"sectionNumber":"sec.93P","sectionType":"section","heading":"Conditions about dealing with property by agreement","content":"### sec.93P Conditions about dealing with property by agreement\n\nThe Supreme Court may impose a condition authorising the commission or, if the application is made by a police officer, the commissioner of the police service to agree to—\nthe disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\nthe application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.\ns 93P ins 2013 No. 21 s 42\n- (a) the disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\n- (b) the application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.","sortOrder":165},{"sectionNumber":"sec.93Q","sectionType":"section","heading":"Conditions about particular payments out of restrained property","content":"### sec.93Q Conditions about particular payments out of restrained property\n\nThe Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order—\nthe person’s reasonable living expenses and reasonable business expenses;\nthe reasonable living expenses of any of the person’s dependants;\na stated debt incurred in good faith by the person.\nSubsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\nAlso, subsection (1) applies only if the court is satisfied the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt.\nFurther, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\ns 93Q ins 2013 No. 21 s 42\n(sec.93Q-ssec.1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order— the person’s reasonable living expenses and reasonable business expenses; the reasonable living expenses of any of the person’s dependants; a stated debt incurred in good faith by the person.\n(sec.93Q-ssec.2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\n(sec.93Q-ssec.3) Also, subsection (1) applies only if the court is satisfied the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt.\n(sec.93Q-ssec.4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n- (a) the person’s reasonable living expenses and reasonable business expenses;\n- (b) the reasonable living expenses of any of the person’s dependants;\n- (c) a stated debt incurred in good faith by the person.\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.","sortOrder":166},{"sectionNumber":"sec.93R","sectionType":"section","heading":"Restraining order may direct public trustee to take control of property","content":"### sec.93R Restraining order may direct public trustee to take control of property\n\nIf the Supreme Court considers the circumstances require it, the court may, in a restraining order or a later order, direct the public trustee to take control of some or all of the property restrained under the order.\ns 93R ins 2013 No. 21 s 42","sortOrder":167},{"sectionNumber":"sec.93S","sectionType":"section","heading":"Duration of restraining order","content":"### sec.93S Duration of restraining order\n\nA restraining order made on an application made without notice to the person to whom it relates is in force for the period of not more than 7 days stated in the order or, if no period is stated, 7 days after it is made.\nHowever, a restraining order made on the basis that the prescribed respondent is about to be charged with a qualifying offence lapses if the person is not charged with the offence or a related offence within 48 hours after the order is made.\nOtherwise, a restraining order is in force for the period stated in the order or, if no period is stated, for 1 year after it is made.\nThis section applies subject to division 8 .\nIn this section—\nrelated offence means an offence that would have been a qualifying offence when the restraining order was made.\ns 93S ins 2013 No. 21 s 42\n(sec.93S-ssec.1) A restraining order made on an application made without notice to the person to whom it relates is in force for the period of not more than 7 days stated in the order or, if no period is stated, 7 days after it is made.\n(sec.93S-ssec.2) However, a restraining order made on the basis that the prescribed respondent is about to be charged with a qualifying offence lapses if the person is not charged with the offence or a related offence within 48 hours after the order is made.\n(sec.93S-ssec.3) Otherwise, a restraining order is in force for the period stated in the order or, if no period is stated, for 1 year after it is made.\n(sec.93S-ssec.4) This section applies subject to division 8 .\n(sec.93S-ssec.5) In this section— related offence means an offence that would have been a qualifying offence when the restraining order was made.","sortOrder":168},{"sectionNumber":"ch.2A-pt.3-div.4","sectionType":"division","heading":"Making other orders","content":"## Making other orders","sortOrder":169},{"sectionNumber":"sec.93T","sectionType":"section","heading":"Supreme Court may make other orders","content":"### sec.93T Supreme Court may make other orders\n\nThe Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 93V and 93W .\nHowever, section 93V (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\nThe court may make an order under this section—\nwhen making the restraining order or, on application, at a later time; and\nwhether or not it affects a person whose property is restrained under the restraining order.\nAny of the following may apply for an order, other than an investigation order, under this section—\nthe State;\nthe prescribed respondent;\na person whose property is restrained under the restraining order;\nif the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.\nAnother person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\nAn applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\nAn applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\nThe State may apply for an investigation order.\nThe State must give notice of an application under subsection (8) to—\nthe person to whom the order is to be directed if the order is to be made under section 93W (1) (a) , (b) , or (c); or\nthe person whose property is to be seized if the order is made under section 93W (1) (d) .\nSubsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\nAlso, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 93U (2) .\ns 93T ins 2013 No. 21 s 42\n(sec.93T-ssec.1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 93V and 93W .\n(sec.93T-ssec.2) However, section 93V (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n(sec.93T-ssec.3) The court may make an order under this section— when making the restraining order or, on application, at a later time; and whether or not it affects a person whose property is restrained under the restraining order.\n(sec.93T-ssec.4) Any of the following may apply for an order, other than an investigation order, under this section— the State; the prescribed respondent; a person whose property is restrained under the restraining order; if the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.\n(sec.93T-ssec.5) Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\n(sec.93T-ssec.6) An applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\n(sec.93T-ssec.7) An applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\n(sec.93T-ssec.8) The State may apply for an investigation order.\n(sec.93T-ssec.9) The State must give notice of an application under subsection (8) to— the person to whom the order is to be directed if the order is to be made under section 93W (1) (a) , (b) , or (c); or the person whose property is to be seized if the order is made under section 93W (1) (d) .\n(sec.93T-ssec.10) Subsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\n(sec.93T-ssec.11) Also, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 93U (2) .\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n- (a) when making the restraining order or, on application, at a later time; and\n- (b) whether or not it affects a person whose property is restrained under the restraining order.\n- (a) the State;\n- (b) the prescribed respondent;\n- (c) a person whose property is restrained under the restraining order;\n- (d) if the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.\n- (a) the person to whom the order is to be directed if the order is to be made under section 93W (1) (a) , (b) , or (c); or\n- (b) the person whose property is to be seized if the order is made under section 93W (1) (d) .","sortOrder":170},{"sectionNumber":"sec.93U","sectionType":"section","heading":"Hearing of application","content":"### sec.93U Hearing of application\n\nThe Supreme Court must not hear an application for an order under section 93T unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\nA person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 93U ins 2013 No. 21 s 42\n(sec.93U-ssec.1) The Supreme Court must not hear an application for an order under section 93T unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\n(sec.93U-ssec.2) Despite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\n(sec.93U-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\n(sec.93U-ssec.4) A person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":171},{"sectionNumber":"sec.93V","sectionType":"section","heading":"Administration orders Supreme Court may make","content":"### sec.93V Administration orders Supreme Court may make\n\nThe court may make any of the following orders under section 93T —\nan order varying the property restrained under the restraining order;\nan order imposing additional conditions on the restraining order or varying a condition of the order;\nan order about the performance of an undertaking for the payment of damages or costs given for the restraining order;\nif the restraining order directs the public trustee to take control of the property, an order—\nregulating the way the public trustee may perform functions under the restraining order; or\ndeciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\nan order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland;\nan order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\nA person must not contravene an order made under subsection (1) (e) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 93V ins 2013 No. 21 s 42\n(sec.93V-ssec.1) The court may make any of the following orders under section 93T — an order varying the property restrained under the restraining order; an order imposing additional conditions on the restraining order or varying a condition of the order; an order about the performance of an undertaking for the payment of damages or costs given for the restraining order; if the restraining order directs the public trustee to take control of the property, an order— regulating the way the public trustee may perform functions under the restraining order; or deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee; an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland; an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n(sec.93V-ssec.2) A person must not contravene an order made under subsection (1) (e) . Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) an order varying the property restrained under the restraining order;\n- (b) an order imposing additional conditions on the restraining order or varying a condition of the order;\n- (c) an order about the performance of an undertaking for the payment of damages or costs given for the restraining order;\n- (d) if the restraining order directs the public trustee to take control of the property, an order— (i) regulating the way the public trustee may perform functions under the restraining order; or (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (e) an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland;\n- (f) an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— (i) the person is a party to a proceeding under this Act; or (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.","sortOrder":172},{"sectionNumber":"sec.93W","sectionType":"section","heading":"Investigation orders Supreme Court may make","content":"### sec.93W Investigation orders Supreme Court may make\n\nAlso, the court may make any of the following orders under section 93T (each an investigation order )—\nan order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following—\nthe affairs of any person whose property is restrained under the restraining order;\nthe nature and location of any property of a person whose property is restrained under the restraining order;\nan order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\nan order ( property particulars order ) directing any of the following to give the commission, within a stated time, a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate—\na person whose property is restrained under the restraining order;\na person whose property the restrained property was at any time before the restraining order was made;\nif the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\nan order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order.\nSee division 5 , subdivision 3 for the general effect of a property seizure order.\nAn order mentioned in subsection (1) (d) may state the powers the commission officer or police officer may exercise for giving effect to the order.\nSubsection (4) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\nThe examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\ns 93W ins 2013 No. 21 s 42\n(sec.93W-ssec.1) Also, the court may make any of the following orders under section 93T (each an investigation order )— an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— the affairs of any person whose property is restrained under the restraining order; the nature and location of any property of a person whose property is restrained under the restraining order; an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest; an order ( property particulars order ) directing any of the following to give the commission, within a stated time, a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— a person whose property is restrained under the restraining order; a person whose property the restrained property was at any time before the restraining order was made; if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation; an order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order. See division 5 , subdivision 3 for the general effect of a property seizure order.\n(sec.93W-ssec.2) An order mentioned in subsection (1) (d) may state the powers the commission officer or police officer may exercise for giving effect to the order.\n(sec.93W-ssec.3) Subsection (4) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\n(sec.93W-ssec.4) The examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\n- (a) an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— (i) the affairs of any person whose property is restrained under the restraining order; (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (b) an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\n- (c) an order ( property particulars order ) directing any of the following to give the commission, within a stated time, a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— (i) a person whose property is restrained under the restraining order; (ii) a person whose property the restrained property was at any time before the restraining order was made; (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;\n- (d) an order ( property seizure order ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order. Note— See division 5 , subdivision 3 for the general effect of a property seizure order.\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;","sortOrder":173},{"sectionNumber":"ch.2A-pt.3-div.5","sectionType":"division","heading":"Provisions about particular orders","content":"## Provisions about particular orders","sortOrder":174},{"sectionNumber":"sec.93X","sectionType":"section","heading":"Court officer’s power to conduct examinations","content":"### sec.93X Court officer’s power to conduct examinations\n\nThis section applies if a court officer conducts an examination under an examination order.\nThe court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\nHowever, the court officer may not exercise any power of the court to punish for contempt.\ns 93X ins 2013 No. 21 s 42\n(sec.93X-ssec.1) This section applies if a court officer conducts an examination under an examination order.\n(sec.93X-ssec.2) The court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\n(sec.93X-ssec.3) However, the court officer may not exercise any power of the court to punish for contempt.","sortOrder":175},{"sectionNumber":"sec.93Y","sectionType":"section","heading":"Time and place of examination","content":"### sec.93Y Time and place of examination\n\nThe examination of a person must be conducted at the time and place stated in the examination order.\ns 93Y ins 2013 No. 21 s 42","sortOrder":176},{"sectionNumber":"sec.93Z","sectionType":"section","heading":"Examination to take place in private","content":"### sec.93Z Examination to take place in private\n\nThe examination must take place in private.\nThe court or court officer may give directions about who may be present during the examination, or during a part of it.\nThe following people are entitled to be present at the examination—\na lawyer of the person being examined;\nan appropriate officer;\na commission officer;\na police officer;\na lawyer representing an appropriate officer, commission officer or police officer;\nany person who is entitled to be present because of a direction under subsection (2) .\ns 93Z ins 2013 No. 21 s 42\n(sec.93Z-ssec.1) The examination must take place in private.\n(sec.93Z-ssec.2) The court or court officer may give directions about who may be present during the examination, or during a part of it.\n(sec.93Z-ssec.3) The following people are entitled to be present at the examination— a lawyer of the person being examined; an appropriate officer; a commission officer; a police officer; a lawyer representing an appropriate officer, commission officer or police officer; any person who is entitled to be present because of a direction under subsection (2) .\n- (a) a lawyer of the person being examined;\n- (b) an appropriate officer;\n- (c) a commission officer;\n- (d) a police officer;\n- (e) a lawyer representing an appropriate officer, commission officer or police officer;\n- (f) any person who is entitled to be present because of a direction under subsection (2) .","sortOrder":177},{"sectionNumber":"sec.93ZA","sectionType":"section","heading":"Role of the examinee’s lawyer","content":"### sec.93ZA Role of the examinee’s lawyer\n\nThe lawyer of the person being examined may, at the times during the examination that the court or court officer decides—\naddress the court or court officer about matters on which the person has been examined; and\nexamine the person about matters on which the person has been examined.\ns 93ZA ins 2013 No. 21 s 42\n- (a) address the court or court officer about matters on which the person has been examined; and\n- (b) examine the person about matters on which the person has been examined.","sortOrder":178},{"sectionNumber":"sec.93ZB","sectionType":"section","heading":"Recording evidence","content":"### sec.93ZB Recording evidence\n\nThe court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\nSubsection (1) applies despite the Recording of Evidence Act 1962 , section 5 .\nThe Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\nThe court or court officer must authenticate and sign any deposition or other recording.\nIf evidence given at an examination is recorded in a deposition, it must—\ncontain, in question and answer form, the evidence of the person examined; and\nbe transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and\nbe signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\nThe court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\ns 93ZB ins 2013 No. 21 s 42\n(sec.93ZB-ssec.1) The court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\n(sec.93ZB-ssec.2) Subsection (1) applies despite the Recording of Evidence Act 1962 , section 5 . The Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\n(sec.93ZB-ssec.3) The court or court officer must authenticate and sign any deposition or other recording.\n(sec.93ZB-ssec.4) If evidence given at an examination is recorded in a deposition, it must— contain, in question and answer form, the evidence of the person examined; and be transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\n(sec.93ZB-ssec.5) The court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\n- (a) contain, in question and answer form, the evidence of the person examined; and\n- (b) be transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and\n- (c) be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.","sortOrder":179},{"sectionNumber":"sec.93ZC","sectionType":"section","heading":"Privilege—examination order","content":"### sec.93ZC Privilege—examination order\n\nA person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that—\nanswering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\nproducing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\nanswering the question or producing the document would disclose information that is the subject of legal professional privilege.\nA statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than—\na proceeding about the false or misleading nature of the statement or disclosure; or\na proceeding on an application under this Act; or\na proceeding for the enforcement of a confiscation order; or\nfor a document or other thing, a proceeding about a right or liability it confers.\ns 93ZC ins 2013 No. 21 s 42\n(sec.93ZC-ssec.1) A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that— answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n(sec.93ZC-ssec.2) A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than— a proceeding about the false or misleading nature of the statement or disclosure; or a proceeding on an application under this Act; or a proceeding for the enforcement of a confiscation order; or for a document or other thing, a proceeding about a right or liability it confers.\n- (a) answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\n- (b) producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\n- (c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n- (a) a proceeding about the false or misleading nature of the statement or disclosure; or\n- (b) a proceeding on an application under this Act; or\n- (c) a proceeding for the enforcement of a confiscation order; or\n- (d) for a document or other thing, a proceeding about a right or liability it confers.","sortOrder":180},{"sectionNumber":"sec.93ZD","sectionType":"section","heading":"Offence to contravene examination order","content":"### sec.93ZD Offence to contravene examination order\n\nA person who is required to attend an examination under an examination order under this part must not—\nfail to attend as required by the order, unless the person has a reasonable excuse; or\nfail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\nfail to take an oath for the purpose of the examination; or\nfail to answer a question that the person is directed to answer by the court or court officer; or\nmake a statement in the examination that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 93ZD ins 2013 No. 21 s 42\n- (a) fail to attend as required by the order, unless the person has a reasonable excuse; or\n- (b) fail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\n- (c) fail to take an oath for the purpose of the examination; or\n- (d) fail to answer a question that the person is directed to answer by the court or court officer; or\n- (e) make a statement in the examination that is false or misleading in a material particular.","sortOrder":181},{"sectionNumber":"sec.93ZE","sectionType":"section","heading":"Use and dissemination of examination information","content":"### sec.93ZE Use and dissemination of examination information\n\nThis section applies to a statement, disclosure, document or other thing mentioned in section 93ZC (2) ( examination information ).\nThe DPP or the commission may give the examination information to—\na corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\nan entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information (also derived evidence ) that may be relevant to the investigation or prosecution of an offence.\nThe giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by—\nthe fact that the examination information was obtained because of section 93ZC and subject to section 93Z ; or\nany duty of confidentiality owed to the person from whom the examination information was obtained; or\nthe objects of this Act or the particular purpose for which the examination information was obtained.\nIn this section—\nentity , of the State, another State or the Commonwealth, includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\ns 93ZE ins 2013 No. 21 s 42\n(sec.93ZE-ssec.1) This section applies to a statement, disclosure, document or other thing mentioned in section 93ZC (2) ( examination information ).\n(sec.93ZE-ssec.2) The DPP or the commission may give the examination information to— a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information (also derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n(sec.93ZE-ssec.3) The giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence, is unaffected by— the fact that the examination information was obtained because of section 93ZC and subject to section 93Z ; or any duty of confidentiality owed to the person from whom the examination information was obtained; or the objects of this Act or the particular purpose for which the examination information was obtained.\n(sec.93ZE-ssec.4) In this section— entity , of the State, another State or the Commonwealth, includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\n- (a) a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\n- (b) an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information (also derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n- (a) the fact that the examination information was obtained because of section 93ZC and subject to section 93Z ; or\n- (b) any duty of confidentiality owed to the person from whom the examination information was obtained; or\n- (c) the objects of this Act or the particular purpose for which the examination information was obtained.","sortOrder":182},{"sectionNumber":"sec.93ZF","sectionType":"section","heading":"Privilege—property particulars order","content":"### sec.93ZF Privilege—property particulars order\n\nA person directed under a property particulars order to give a statement to the commission is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\nIf a person gives a statement to the commission under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.\ns 93ZF ins 2013 No. 21 s 42\n(sec.93ZF-ssec.1) A person directed under a property particulars order to give a statement to the commission is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\n(sec.93ZF-ssec.2) If a person gives a statement to the commission under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.","sortOrder":183},{"sectionNumber":"sec.93ZG","sectionType":"section","heading":"Offence to contravene property particulars order","content":"### sec.93ZG Offence to contravene property particulars order\n\nA person directed under a property particulars order to give a statement to the commission within a stated period of time—\nmust comply with the direction unless the person has a reasonable excuse; and\nmust not make a statement that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 93ZG ins 2013 No. 21 s 42\n- (a) must comply with the direction unless the person has a reasonable excuse; and\n- (b) must not make a statement that is false or misleading in a material particular.","sortOrder":184},{"sectionNumber":"sec.93ZH","sectionType":"section","heading":"If property seizure order directed to commission officer","content":"### sec.93ZH If property seizure order directed to commission officer\n\nThis section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.\nThe order—\nis taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and\nis taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.\nProperty seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .\nThe Crime and Corruption Act 2001 , section 93 applies to the order as if it were a search warrant.\nIt is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\nThe Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.\ns 93ZH ins 2013 No. 21 s 42\namd 2014 No. 21 s 94 (2) sch 2\n(sec.93ZH-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer.\n(sec.93ZH-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.\n(sec.93ZH-ssec.3) Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 .\n(sec.93ZH-ssec.4) The Crime and Corruption Act 2001 , section 93 applies to the order as if it were a search warrant.\n(sec.93ZH-ssec.5) It is sufficient compliance with the Crime and Corruption Act 2001 , section 93 (1) for the commission officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\n(sec.93ZH-ssec.6) The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.\n- (a) is taken to be a search warrant issued by a Supreme Court judge under the Crime and Corruption Act 2001 in relation to confiscation related evidence as defined under that Act; and\n- (b) is taken to authorise a commission officer to exercise search warrant powers under the Crime and Corruption Act 2001 , section 92 , including search warrant powers mentioned in section 92 (2) and (3) or stated in the order, to the extent necessary for giving effect to the order.","sortOrder":185},{"sectionNumber":"sec.93ZI","sectionType":"section","heading":"If property seizure order directed to police officer","content":"### sec.93ZI If property seizure order directed to police officer\n\nThis section applies if the Supreme Court makes a property seizure order that is directed to a police officer.\nThe order—\nis taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and\nis taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.\nProperty seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .\nThe Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.\nIt is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place.\nThe Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.\ns 93ZI ins 2013 No. 21 s 42\n(sec.93ZI-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a police officer.\n(sec.93ZI-ssec.2) The order— is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.\n(sec.93ZI-ssec.3) Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 .\n(sec.93ZI-ssec.4) The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant.\n(sec.93ZI-ssec.5) It is sufficient compliance with the Police Powers and Responsibilities Act 2000 , section 158 (1) for the police officer to give the occupier of the place a copy of the order or, if the occupier of the place is not present, to leave the copy in a conspicuous place. The Police Powers and Responsibilities Act 2000 provisions about applications for the return of things in the possession of the police service generally do not apply to things seized under a property seizure order.\n- (a) is taken to be a search warrant issued by a Supreme Court judge under the Police Powers and Responsibilities Act 2000 in relation to confiscation related evidence as defined under that Act; and\n- (b) is taken to authorise a police officer to exercise search warrant powers under the Police Powers and Responsibilities Act 2000 , section 157 , including search warrant powers mentioned in section 157 (2) and (3) , to the extent necessary for giving effect to the order.","sortOrder":186},{"sectionNumber":"ch.2A-pt.3-div.6","sectionType":"division","heading":"Notice of restraining orders and other orders","content":"## Notice of restraining orders and other orders","sortOrder":187},{"sectionNumber":"sec.93ZJ","sectionType":"section","heading":"Notice of restraining order and other orders","content":"### sec.93ZJ Notice of restraining order and other orders\n\nThis section applies if the Supreme Court—\nmakes a restraining order; or\nmakes another order under division 4 in relation to a restraining order.\nAs soon as practicable after the order is made, the commission must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\nHowever, the commission is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order made under section 93W (1) (a) , (b) or (c) directed to another person.\nIf the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order.\nHowever, if the application was made for the State by the commissioner of the police service, the commissioner of the police service—\nmust give the commission a copy of the order; and\nmust give the notice required to be given under subsection (2) or (4) .\nA restraining order, or another order under division 4 , does not stop having effect only because a person required to be given a copy of the order under subsection (2) has not been given a copy of the order.\ns 93ZJ ins 2013 No. 21 s 42\n(sec.93ZJ-ssec.1) This section applies if the Supreme Court— makes a restraining order; or makes another order under division 4 in relation to a restraining order.\n(sec.93ZJ-ssec.2) As soon as practicable after the order is made, the commission must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\n(sec.93ZJ-ssec.3) However, the commission is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order made under section 93W (1) (a) , (b) or (c) directed to another person.\n(sec.93ZJ-ssec.4) If the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order.\n(sec.93ZJ-ssec.5) However, if the application was made for the State by the commissioner of the police service, the commissioner of the police service— must give the commission a copy of the order; and must give the notice required to be given under subsection (2) or (4) .\n(sec.93ZJ-ssec.6) A restraining order, or another order under division 4 , does not stop having effect only because a person required to be given a copy of the order under subsection (2) has not been given a copy of the order.\n- (a) makes a restraining order; or\n- (b) makes another order under division 4 in relation to a restraining order.\n- (a) must give the commission a copy of the order; and\n- (b) must give the notice required to be given under subsection (2) or (4) .","sortOrder":188},{"sectionNumber":"ch.2A-pt.3-div.7","sectionType":"division","heading":"Exclusion of property from restraining order","content":"## Exclusion of property from restraining order","sortOrder":189},{"sectionNumber":"sec.93ZK","sectionType":"section","heading":"Supreme Court may exclude prescribed respondent’s property from restraining order","content":"### sec.93ZK Supreme Court may exclude prescribed respondent’s property from restraining order\n\nThe prescribed respondent under the restraining order may apply to the Supreme Court to amend the order to exclude particular property of the prescribed respondent from the order.\nThe prescribed respondent must give written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\ns 93ZK ins 2013 No. 21 s 42\n(sec.93ZK-ssec.1) The prescribed respondent under the restraining order may apply to the Supreme Court to amend the order to exclude particular property of the prescribed respondent from the order.\n(sec.93ZK-ssec.2) The prescribed respondent must give written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.93ZK-ssec.3) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.93ZK-ssec.4) The State must be a party to the application.\n(sec.93ZK-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.93ZK-ssec.6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.93ZK-ssec.7) The State must give the applicant notice of the grounds for opposing the application.\n(sec.93ZK-ssec.8) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.93ZK-ssec.9) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":190},{"sectionNumber":"sec.93ZL","sectionType":"section","heading":"When Supreme Court may exclude prescribed respondent’s property","content":"### sec.93ZL When Supreme Court may exclude prescribed respondent’s property\n\nThe Supreme Court may exclude the prescribed respondent’s property from the restraining order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\nThe Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.\ns 93ZL ins 2013 No. 21 s 42\n(sec.93ZL-ssec.1) The Supreme Court may exclude the prescribed respondent’s property from the restraining order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\n(sec.93ZL-ssec.2) The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.","sortOrder":191},{"sectionNumber":"sec.93ZM","sectionType":"section","heading":"Supreme Court may exclude other property from restraining order","content":"### sec.93ZM Supreme Court may exclude other property from restraining order\n\nIf the Supreme Court makes a restraining order, a person other than the prescribed respondent (the applicant ) whose property is restrained under the order may apply to the court to amend the order to exclude the applicant’s property from the order.\nThe applicant must give written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\nHowever—\nthe State is not required to give the notice; and\nthe application may not be heard;\nuntil the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\nIn this section—\nrelevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\ns 93ZM ins 2013 No. 21 s 42\n(sec.93ZM-ssec.1) If the Supreme Court makes a restraining order, a person other than the prescribed respondent (the applicant ) whose property is restrained under the order may apply to the court to amend the order to exclude the applicant’s property from the order.\n(sec.93ZM-ssec.2) The applicant must give written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.\n(sec.93ZM-ssec.3) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.93ZM-ssec.4) The State must be a party to the application.\n(sec.93ZM-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.93ZM-ssec.6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.93ZM-ssec.7) The State must give the applicant notice of the grounds for opposing the application.\n(sec.93ZM-ssec.8) However— the State is not required to give the notice; and the application may not be heard; until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.\n(sec.93ZM-ssec.9) In this section— relevant person means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.\n- (a) the State is not required to give the notice; and\n- (b) the application may not be heard;","sortOrder":192},{"sectionNumber":"sec.93ZN","sectionType":"section","heading":"When Supreme Court may exclude applicant’s property","content":"### sec.93ZN When Supreme Court may exclude applicant’s property\n\nThe Supreme Court may exclude the applicant’s property from the restraining order if it is satisfied that the property—\nis not under the effective control of the prescribed respondent; and\nis not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.\nIn addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\nThe Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\ns 93ZN ins 2013 No. 21 s 42\n(sec.93ZN-ssec.1) The Supreme Court may exclude the applicant’s property from the restraining order if it is satisfied that the property— is not under the effective control of the prescribed respondent; and is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.\n(sec.93ZN-ssec.2) In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.\n(sec.93ZN-ssec.3) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\n- (a) is not under the effective control of the prescribed respondent; and\n- (b) is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.","sortOrder":193},{"sectionNumber":"ch.2A-pt.3-div.8","sectionType":"division","heading":"Extension of restraining orders","content":"## Extension of restraining orders","sortOrder":194},{"sectionNumber":"sec.93ZO","sectionType":"section","heading":"Extension of restraining order","content":"### sec.93ZO Extension of restraining order\n\nOn the application of the State, the Supreme Court may extend the period for which a restraining order is to remain in force.\nThe State must give notice of the application to—\nthe prescribed respondent; and\nanyone else whose property is restrained under the restraining order; and\nanyone else the applicant considers may have an interest in the restrained property.\nA person given or entitled to be given notice under subsection (2) may appear at the hearing of the application.\ns 93ZO ins 2013 No. 21 s 42\n(sec.93ZO-ssec.1) On the application of the State, the Supreme Court may extend the period for which a restraining order is to remain in force.\n(sec.93ZO-ssec.2) The State must give notice of the application to— the prescribed respondent; and anyone else whose property is restrained under the restraining order; and anyone else the applicant considers may have an interest in the restrained property.\n(sec.93ZO-ssec.3) A person given or entitled to be given notice under subsection (2) may appear at the hearing of the application.\n- (a) the prescribed respondent; and\n- (b) anyone else whose property is restrained under the restraining order; and\n- (c) anyone else the applicant considers may have an interest in the restrained property.","sortOrder":195},{"sectionNumber":"ch.2A-pt.3-div.9","sectionType":"division","heading":"Sale of restrained property","content":"## Sale of restrained property","sortOrder":196},{"sectionNumber":"sec.93ZP","sectionType":"section","heading":"Supreme Court may order sale of restrained property","content":"### sec.93ZP Supreme Court may order sale of restrained property\n\nThis section applies to restrained property under a restraining order only if the State applies to the Supreme Court for a serious drug offender confiscation order against the prescribed respondent and the application has not been decided.\nThe State may, when applying for the serious drug offender confiscation order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ).\nThe State must give notice of the application to each person who has an interest in the application property.\nThe Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise—\nthe application property may deteriorate or lose value before the application for the serious drug offender confiscation order is decided; or\nthe cost of controlling the application property would be more than the value of the property if it were disposed of after the making of a serious drug offender confiscation order.\nThe proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\ns 93ZP ins 2013 No. 21 s 42\n(sec.93ZP-ssec.1) This section applies to restrained property under a restraining order only if the State applies to the Supreme Court for a serious drug offender confiscation order against the prescribed respondent and the application has not been decided.\n(sec.93ZP-ssec.2) The State may, when applying for the serious drug offender confiscation order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ).\n(sec.93ZP-ssec.3) The State must give notice of the application to each person who has an interest in the application property.\n(sec.93ZP-ssec.4) The Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise— the application property may deteriorate or lose value before the application for the serious drug offender confiscation order is decided; or the cost of controlling the application property would be more than the value of the property if it were disposed of after the making of a serious drug offender confiscation order.\n(sec.93ZP-ssec.5) The proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\n- (a) the application property may deteriorate or lose value before the application for the serious drug offender confiscation order is decided; or\n- (b) the cost of controlling the application property would be more than the value of the property if it were disposed of after the making of a serious drug offender confiscation order.","sortOrder":197},{"sectionNumber":"ch.2A-pt.3-div.10","sectionType":"division","heading":"Revocation of restraining orders","content":"## Revocation of restraining orders","sortOrder":198},{"sectionNumber":"sec.93ZQ","sectionType":"section","heading":"Application to revoke restraining order","content":"### sec.93ZQ Application to revoke restraining order\n\nA person whose property is the subject of a restraining order and who was not given notice of the application for the restraining order may apply to the Supreme Court to revoke the order.\nThe application must be made within 28 days or, with the approval of the court, the further period of not more than 3 months, after the person is notified of the making of the restraining order.\nThe applicant must give the State written notice of the making of the application and the grounds for the application.\nThe restraining order remains in force until the court revokes the order or the order otherwise stops having effect.\nThe State may present additional material to the court relating to the application to revoke the restraining order.\nAfter considering the application, the court may revoke the restraining order if satisfied, on the facts before the court, there would be no basis for making a restraining order in relation to the property.\ns 93ZQ ins 2013 No. 21 s 42\n(sec.93ZQ-ssec.1) A person whose property is the subject of a restraining order and who was not given notice of the application for the restraining order may apply to the Supreme Court to revoke the order.\n(sec.93ZQ-ssec.2) The application must be made within 28 days or, with the approval of the court, the further period of not more than 3 months, after the person is notified of the making of the restraining order.\n(sec.93ZQ-ssec.3) The applicant must give the State written notice of the making of the application and the grounds for the application.\n(sec.93ZQ-ssec.4) The restraining order remains in force until the court revokes the order or the order otherwise stops having effect.\n(sec.93ZQ-ssec.5) The State may present additional material to the court relating to the application to revoke the restraining order.\n(sec.93ZQ-ssec.6) After considering the application, the court may revoke the restraining order if satisfied, on the facts before the court, there would be no basis for making a restraining order in relation to the property.","sortOrder":199},{"sectionNumber":"sec.93ZR","sectionType":"section","heading":"Notice of revocation of restraining order","content":"### sec.93ZR Notice of revocation of restraining order\n\nOn the revocation of a restraining order under section 93ZQ , the State must give notice of the revocation to—\neach person whose property was restrained under the order, if known; and\nanyone else who was affected by the order.\nSubsection (1) does not require the State to notify the applicant for the revocation of the restraining order of the revocation of the order.\ns 93ZR ins 2013 No. 21 s 42\n(sec.93ZR-ssec.1) On the revocation of a restraining order under section 93ZQ , the State must give notice of the revocation to— each person whose property was restrained under the order, if known; and anyone else who was affected by the order.\n(sec.93ZR-ssec.2) Subsection (1) does not require the State to notify the applicant for the revocation of the restraining order of the revocation of the order.\n- (a) each person whose property was restrained under the order, if known; and\n- (b) anyone else who was affected by the order.","sortOrder":200},{"sectionNumber":"ch.2A-pt.3-div.11","sectionType":"division","heading":"Other provisions about restraining orders","content":"## Other provisions about restraining orders","sortOrder":201},{"sectionNumber":"sec.93ZS","sectionType":"section","heading":"Restraining order to be registered","content":"### sec.93ZS Restraining order to be registered\n\nThis section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\nOn the application of the commission or the commissioner of the police service, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\nSubsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\nUnless the contrary is proved, a person who deals with property affected by a registered restraining order is taken to know of the restraining order.\nIf the Land Title Act 1994 applies to the property, the commission or the commissioner of the police service may lodge, and the registrar of titles must register, a caveat over the property under that Act.\nAs soon as practicable after the restraining order stops having effect in relation to the property—\nthe commission or the commissioner of the police service must apply for cancellation of the record of the order; and\nthe authority responsible for administering the relevant law must take the steps necessary to cancel the record.\nAlso, if the commission or the commissioner of the police service lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the commission or the commissioner of the police service must withdraw the caveat.\ns 93ZS ins 2013 No. 21 s 42\n(sec.93ZS-ssec.1) This section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\n(sec.93ZS-ssec.2) On the application of the commission or the commissioner of the police service, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\n(sec.93ZS-ssec.3) Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\n(sec.93ZS-ssec.4) Unless the contrary is proved, a person who deals with property affected by a registered restraining order is taken to know of the restraining order.\n(sec.93ZS-ssec.5) If the Land Title Act 1994 applies to the property, the commission or the commissioner of the police service may lodge, and the registrar of titles must register, a caveat over the property under that Act.\n(sec.93ZS-ssec.6) As soon as practicable after the restraining order stops having effect in relation to the property— the commission or the commissioner of the police service must apply for cancellation of the record of the order; and the authority responsible for administering the relevant law must take the steps necessary to cancel the record.\n(sec.93ZS-ssec.7) Also, if the commission or the commissioner of the police service lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the commission or the commissioner of the police service must withdraw the caveat.\n- (a) the commission or the commissioner of the police service must apply for cancellation of the record of the order; and\n- (b) the authority responsible for administering the relevant law must take the steps necessary to cancel the record.","sortOrder":202},{"sectionNumber":"sec.93ZT","sectionType":"section","heading":"Contravention of restraining order","content":"### sec.93ZT Contravention of restraining order\n\nA person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the restrained property is—\na motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 .\nSee section 93ZS (5) for the obligation of the registrar of titles to register the caveat.\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\ns 93ZT ins 2013 No. 21 s 42\nsub 2017 No. 6 s 16\n(sec.93ZT-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or 7 years imprisonment.\n(sec.93ZT-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\n(sec.93ZT-ssec.3) However, the defence under subsection (2) is not available to the extent the restrained property is— a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . See section 93ZS (5) for the obligation of the registrar of titles to register the caveat.\n(sec.93ZT-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.93ZT-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.93ZT-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\n- (a) for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . Note— See section 93ZS (5) for the obligation of the registrar of titles to register the caveat.\n- (a) did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":203},{"sectionNumber":"sec.93ZU","sectionType":"section","heading":"Restraining order does not prevent other action under this Act","content":"### sec.93ZU Restraining order does not prevent other action under this Act\n\nA restraining order does not prevent the enforcement of any other order made under this Act against restrained property under the restraining order.\ns 93ZU ins 2013 No. 21 s 42","sortOrder":204},{"sectionNumber":"sec.93ZV","sectionType":"section","heading":"Effect of dismissal of particular applications on restraining order","content":"### sec.93ZV Effect of dismissal of particular applications on restraining order\n\nThis section applies if, while a restraining order is in force—\nthe Supreme Court dismisses an application for a serious drug offender confiscation order based on the qualifying offence to which the restraining order relates; or\nthe charge for the qualifying offence is withdrawn or dismissed.\nThe Supreme Court may—\nif the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or\nmake another order the court considers appropriate about the operation of the restraining order.\nAn order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.\ns 93ZV ins 2013 No. 21 s 42\n(sec.93ZV-ssec.1) This section applies if, while a restraining order is in force— the Supreme Court dismisses an application for a serious drug offender confiscation order based on the qualifying offence to which the restraining order relates; or the charge for the qualifying offence is withdrawn or dismissed.\n(sec.93ZV-ssec.2) The Supreme Court may— if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or make another order the court considers appropriate about the operation of the restraining order.\n(sec.93ZV-ssec.3) An order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens.\n- (a) the Supreme Court dismisses an application for a serious drug offender confiscation order based on the qualifying offence to which the restraining order relates; or\n- (b) the charge for the qualifying offence is withdrawn or dismissed.\n- (a) if the court considers it appropriate, make an order extending the operation of the restraining order for a stated period or in stated circumstances; or\n- (b) make another order the court considers appropriate about the operation of the restraining order.","sortOrder":205},{"sectionNumber":"sec.93ZW","sectionType":"section","heading":"Authority under restraining order","content":"### sec.93ZW Authority under restraining order\n\nA restraining order is sufficient authority for a person to whom the order is directed to take all steps necessary or desirable to give effect to the order.\ns 93ZW ins 2013 No. 21 s 42","sortOrder":206},{"sectionNumber":"ch.2A-pt.4","sectionType":"part","heading":"Serious drug offender confiscation orders","content":"# Serious drug offender confiscation orders","sortOrder":207},{"sectionNumber":"ch.2A-pt.4-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":208},{"sectionNumber":"sec.93ZX","sectionType":"section","heading":"Definition for pt 4","content":"### sec.93ZX Definition for pt 4\n\nIn this part—\nprescribed respondent see section 93ZZ (1) .\ns 93ZX ins 2013 No. 21 s 42","sortOrder":209},{"sectionNumber":"sec.93ZY","sectionType":"section","heading":"Meaning of serious drug offender confiscation order","content":"### sec.93ZY Meaning of serious drug offender confiscation order\n\nA serious drug offender confiscation order is an order that forfeits to the State—\nall property, other than protected property, of the prescribed respondent; and\nall property that was a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence on which the order is based.\nDespite subsection (1) , property is not forfeited if it has been acquired by a person for sufficient consideration, without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the prescribed respondent has committed a category A offence, category B offence or category C offence.\nThis section applies subject to sections 11 , 93ZZC and 93ZZF .\nFor this Act, the property forfeited under the order is the property that is the subject of the order.\ns 93ZY ins 2013 No. 21 s 42\n(sec.93ZY-ssec.1) A serious drug offender confiscation order is an order that forfeits to the State— all property, other than protected property, of the prescribed respondent; and all property that was a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence on which the order is based.\n(sec.93ZY-ssec.2) Despite subsection (1) , property is not forfeited if it has been acquired by a person for sufficient consideration, without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the prescribed respondent has committed a category A offence, category B offence or category C offence.\n(sec.93ZY-ssec.3) This section applies subject to sections 11 , 93ZZC and 93ZZF .\n(sec.93ZY-ssec.4) For this Act, the property forfeited under the order is the property that is the subject of the order.\n- (a) all property, other than protected property, of the prescribed respondent; and\n- (b) all property that was a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence on which the order is based.","sortOrder":210},{"sectionNumber":"ch.2A-pt.4-div.2","sectionType":"division","heading":"Applications for serious drug offender confiscation orders","content":"## Applications for serious drug offender confiscation orders","sortOrder":211},{"sectionNumber":"sec.93ZZ","sectionType":"section","heading":"Application for serious drug offender confiscation order","content":"### sec.93ZZ Application for serious drug offender confiscation order\n\nThis section applies if—\na person (the prescribed respondent ) is convicted of a qualifying offence; and\na serious drug offence certificate for the qualifying offence has been issued and has not been cancelled.\nThe State may apply to the Supreme Court for a serious drug offender confiscation order against the prescribed respondent.\nThe application must be made within 6 months after the issue of the serious drug offence certificate for the qualifying offence.\nThe application must not be set down for hearing less than 28 days after the filing of the application.\nThe commission or, if the application is made for the State by a police officer, the commissioner of the police service must give reasonable notice of the application to—\nthe prescribed respondent; and\nanyone else who the commission or the commissioner of the police service reasonably suspects has an interest in the property that is likely to become the subject of the order sought.\nA person given notice under subsection (5) may appear at the hearing of the application.\nThe absence of a person required to be given notice of the application does not prevent the Supreme Court from making a serious drug offender confiscation order.\nThe application must include particulars of any encumbrance over property that an appropriate officer considers is likely to become the subject of the order.\nThe application must state that a response to the application may be filed under section 93ZZA .\ns 93ZZ ins 2013 No. 21 s 42\n(sec.93ZZ-ssec.1) This section applies if— a person (the prescribed respondent ) is convicted of a qualifying offence; and a serious drug offence certificate for the qualifying offence has been issued and has not been cancelled.\n(sec.93ZZ-ssec.2) The State may apply to the Supreme Court for a serious drug offender confiscation order against the prescribed respondent.\n(sec.93ZZ-ssec.3) The application must be made within 6 months after the issue of the serious drug offence certificate for the qualifying offence.\n(sec.93ZZ-ssec.4) The application must not be set down for hearing less than 28 days after the filing of the application.\n(sec.93ZZ-ssec.5) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give reasonable notice of the application to— the prescribed respondent; and anyone else who the commission or the commissioner of the police service reasonably suspects has an interest in the property that is likely to become the subject of the order sought.\n(sec.93ZZ-ssec.6) A person given notice under subsection (5) may appear at the hearing of the application.\n(sec.93ZZ-ssec.7) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making a serious drug offender confiscation order.\n(sec.93ZZ-ssec.8) The application must include particulars of any encumbrance over property that an appropriate officer considers is likely to become the subject of the order.\n(sec.93ZZ-ssec.9) The application must state that a response to the application may be filed under section 93ZZA .\n- (a) a person (the prescribed respondent ) is convicted of a qualifying offence; and\n- (b) a serious drug offence certificate for the qualifying offence has been issued and has not been cancelled.\n- (a) the prescribed respondent; and\n- (b) anyone else who the commission or the commissioner of the police service reasonably suspects has an interest in the property that is likely to become the subject of the order sought.","sortOrder":212},{"sectionNumber":"sec.93ZZA","sectionType":"section","heading":"Response by prescribed respondent","content":"### sec.93ZZA Response by prescribed respondent\n\nThe prescribed respondent may file a response to the application under section 93ZZ .\nThe response must state—\ndetails of any property the prescribed respondent believes is protected property; and\nthe reasons why the prescribed respondent believes the property is protected property; and\ndetails of any public interest considerations the prescribed respondent will ask the court to take into account.\nThe prescribed respondent must file the response in the Supreme Court and give a copy of it to the State at least 14 days before the hearing date of the application.\nThe response must be accompanied by any affidavit the prescribed respondent intends to rely on at the hearing of the application.\ns 93ZZA ins 2013 No. 21 s 42\n(sec.93ZZA-ssec.1) The prescribed respondent may file a response to the application under section 93ZZ .\n(sec.93ZZA-ssec.2) The response must state— details of any property the prescribed respondent believes is protected property; and the reasons why the prescribed respondent believes the property is protected property; and details of any public interest considerations the prescribed respondent will ask the court to take into account.\n(sec.93ZZA-ssec.3) The prescribed respondent must file the response in the Supreme Court and give a copy of it to the State at least 14 days before the hearing date of the application.\n(sec.93ZZA-ssec.4) The response must be accompanied by any affidavit the prescribed respondent intends to rely on at the hearing of the application.\n- (a) details of any property the prescribed respondent believes is protected property; and\n- (b) the reasons why the prescribed respondent believes the property is protected property; and\n- (c) details of any public interest considerations the prescribed respondent will ask the court to take into account.","sortOrder":213},{"sectionNumber":"ch.2A-pt.4-div.3","sectionType":"division","heading":"Making and effect of serious drug offender confiscation order","content":"## Making and effect of serious drug offender confiscation order","sortOrder":214},{"sectionNumber":"sec.93ZZB","sectionType":"section","heading":"Making of serious drug offender confiscation order","content":"### sec.93ZZB Making of serious drug offender confiscation order\n\nSubject to subsection (3) , the Supreme Court must make a serious drug offender confiscation order against the prescribed respondent if the court is satisfied—\nthe prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and\nthe application for the order was made within 6 months after the issue of the certificate.\nHowever, the court may refuse to make the serious drug offender confiscation order if the court is satisfied it is not in the public interest to make the order.\nIf a proceeds assessment order, unexplained wealth order or pecuniary penalty order has been made on the basis of illegal activity constituting the qualifying offence, a serious drug offender confiscation order can not be made on the basis of the qualifying offence.\nAssume a person has been convicted of the qualifying offence of trafficking in dangerous drugs and the Supreme Court has made an unexplained wealth order against the person because the court was satisfied there was a reasonable suspicion, based on the person’s conviction, that the person had engaged in at least 1 serious crime related activity. The court may not make a serious drug offender confiscation order against the person based on the same conviction.\nSubsection (3) does not limit the value of the property that may be forfeited to the State under a serious drug offender confiscation order.\nThe court may make the ancillary orders the court considers appropriate when it makes the serious drug offender confiscation order.\nancillary orders facilitating the transfer of forfeited property to the State\nThe serious drug offender confiscation order must contain a list of all property the court has found—\nis subject to the order and is forfeited to the State; or\nis protected property and is not forfeited to the State.\nSubsection (6) does not limit the property that is forfeited under section 93ZZF or is protected property.\ns 93ZZB ins 2013 No. 21 s 42\namd 2017 No. 6 s 17\n(sec.93ZZB-ssec.1) Subject to subsection (3) , the Supreme Court must make a serious drug offender confiscation order against the prescribed respondent if the court is satisfied— the prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and the application for the order was made within 6 months after the issue of the certificate.\n(sec.93ZZB-ssec.2) However, the court may refuse to make the serious drug offender confiscation order if the court is satisfied it is not in the public interest to make the order.\n(sec.93ZZB-ssec.3) If a proceeds assessment order, unexplained wealth order or pecuniary penalty order has been made on the basis of illegal activity constituting the qualifying offence, a serious drug offender confiscation order can not be made on the basis of the qualifying offence. Assume a person has been convicted of the qualifying offence of trafficking in dangerous drugs and the Supreme Court has made an unexplained wealth order against the person because the court was satisfied there was a reasonable suspicion, based on the person’s conviction, that the person had engaged in at least 1 serious crime related activity. The court may not make a serious drug offender confiscation order against the person based on the same conviction.\n(sec.93ZZB-ssec.4) Subsection (3) does not limit the value of the property that may be forfeited to the State under a serious drug offender confiscation order.\n(sec.93ZZB-ssec.5) The court may make the ancillary orders the court considers appropriate when it makes the serious drug offender confiscation order. ancillary orders facilitating the transfer of forfeited property to the State\n(sec.93ZZB-ssec.6) The serious drug offender confiscation order must contain a list of all property the court has found— is subject to the order and is forfeited to the State; or is protected property and is not forfeited to the State.\n(sec.93ZZB-ssec.7) Subsection (6) does not limit the property that is forfeited under section 93ZZF or is protected property.\n- (a) the prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and\n- (b) the application for the order was made within 6 months after the issue of the certificate.\n- (a) is subject to the order and is forfeited to the State; or\n- (b) is protected property and is not forfeited to the State.","sortOrder":215},{"sectionNumber":"sec.93ZZC","sectionType":"section","heading":"Particular property forfeited only if listed in serious drug offender confiscation order","content":"### sec.93ZZC Particular property forfeited only if listed in serious drug offender confiscation order\n\nThe following property is forfeited under the serious drug offender confiscation order only if it is listed in the order—\nproperty of a person other than the prescribed respondent that is under the effective control of the prescribed respondent;\nproperty mentioned in section 93ZY (1) (b) .\nAs part of an application under section 93ZZ , the State may ask the court to decide that particular property is property mentioned in subsection (1) (a) or (b) .\nIf the court is satisfied the property is property mentioned in subsection (1) (a) or (b) , the court must list the property in the serious drug offender confiscation order.\nThe serious drug offender confiscation order may be enforced against the property to the extent stated in the order.\ns 93ZZC ins 2013 No. 21 s 42\n(sec.93ZZC-ssec.1) The following property is forfeited under the serious drug offender confiscation order only if it is listed in the order— property of a person other than the prescribed respondent that is under the effective control of the prescribed respondent; property mentioned in section 93ZY (1) (b) .\n(sec.93ZZC-ssec.2) As part of an application under section 93ZZ , the State may ask the court to decide that particular property is property mentioned in subsection (1) (a) or (b) .\n(sec.93ZZC-ssec.3) If the court is satisfied the property is property mentioned in subsection (1) (a) or (b) , the court must list the property in the serious drug offender confiscation order.\n(sec.93ZZC-ssec.4) The serious drug offender confiscation order may be enforced against the property to the extent stated in the order.\n- (a) property of a person other than the prescribed respondent that is under the effective control of the prescribed respondent;\n- (b) property mentioned in section 93ZY (1) (b) .","sortOrder":216},{"sectionNumber":"sec.93ZZD","sectionType":"section","heading":"Serious drug offender confiscation order may provide for discharge of encumbrance","content":"### sec.93ZZD Serious drug offender confiscation order may provide for discharge of encumbrance\n\nThis section applies if—\nthe court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order—\nin good faith; and\nfor valuable consideration; and\nin the ordinary course of the encumbrancee’s business; and\nthe State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance.\nThe court may make the orders about the encumbrance the court considers appropriate.\nThe commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State.\ns 93ZZD ins 2013 No. 21 s 42\n(sec.93ZZD-ssec.1) This section applies if— the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order— in good faith; and for valuable consideration; and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance.\n(sec.93ZZD-ssec.2) The court may make the orders about the encumbrance the court considers appropriate.\n(sec.93ZZD-ssec.3) The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State.\n- (a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order— (i) in good faith; and (ii) for valuable consideration; and (iii) in the ordinary course of the encumbrancee’s business; and\n- (i) in good faith; and\n- (ii) for valuable consideration; and\n- (iii) in the ordinary course of the encumbrancee’s business; and\n- (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance.\n- (i) in good faith; and\n- (ii) for valuable consideration; and\n- (iii) in the ordinary course of the encumbrancee’s business; and","sortOrder":217},{"sectionNumber":"sec.93ZZE","sectionType":"section","heading":"Notice of serious drug offender confiscation order","content":"### sec.93ZZE Notice of serious drug offender confiscation order\n\nWithin 28 days after a serious drug offender confiscation order is made, the commission or, if the application for the order was made by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) —\nall known dependants of the person against whom the order is made;\neach person the commission or the commissioner of the police service considers may have had an interest in the property the subject of the order immediately before the property was vested in the State under section 93ZZF .\nFor subsection (1) , the documents are—\na copy of the serious drug offender confiscation order; and\na written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 93ZZO .\nIf required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\ns 93ZZE ins 2013 No. 21 s 42\n(sec.93ZZE-ssec.1) Within 28 days after a serious drug offender confiscation order is made, the commission or, if the application for the order was made by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) — all known dependants of the person against whom the order is made; each person the commission or the commissioner of the police service considers may have had an interest in the property the subject of the order immediately before the property was vested in the State under section 93ZZF .\n(sec.93ZZE-ssec.2) For subsection (1) , the documents are— a copy of the serious drug offender confiscation order; and a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 93ZZO .\n(sec.93ZZE-ssec.3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\n- (a) all known dependants of the person against whom the order is made;\n- (b) each person the commission or the commissioner of the police service considers may have had an interest in the property the subject of the order immediately before the property was vested in the State under section 93ZZF .\n- (a) a copy of the serious drug offender confiscation order; and\n- (b) a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 93ZZO .","sortOrder":218},{"sectionNumber":"sec.93ZZF","sectionType":"section","heading":"Effect of serious drug offender confiscation order","content":"### sec.93ZZF Effect of serious drug offender confiscation order\n\nOn the making of a serious drug offender confiscation order, the property the subject of the order—\nis forfeited to the State; and\nvests absolutely in the State.\nHowever, the Supreme Court may exclude property that would otherwise be forfeited if the court is satisfied it is not in the public interest to include the property in the order.\nSubsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\nThe Supreme Court may give any necessary or convenient directions for giving effect to the forfeiture.\nIf the person forfeiting the property is in possession of it, the court may give directions about who is to have possession of the property.\ns 93ZZF ins 2013 No. 21 s 42\n(sec.93ZZF-ssec.1) On the making of a serious drug offender confiscation order, the property the subject of the order— is forfeited to the State; and vests absolutely in the State.\n(sec.93ZZF-ssec.2) However, the Supreme Court may exclude property that would otherwise be forfeited if the court is satisfied it is not in the public interest to include the property in the order.\n(sec.93ZZF-ssec.3) Subsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\n(sec.93ZZF-ssec.4) The Supreme Court may give any necessary or convenient directions for giving effect to the forfeiture. If the person forfeiting the property is in possession of it, the court may give directions about who is to have possession of the property.\n- (a) is forfeited to the State; and\n- (b) vests absolutely in the State.","sortOrder":219},{"sectionNumber":"sec.93ZZG","sectionType":"section","heading":"Forfeited property not to be disposed of during hardship order period","content":"### sec.93ZZG Forfeited property not to be disposed of during hardship order period\n\nDuring the hardship order period, the State must not, without the leave of the Supreme Court—\ndispose of property forfeited to the State under a serious drug offender confiscation order; or\nauthorise anyone else to dispose of the property mentioned in paragraph (a) .\nThis section does not limit section 213 .\nIn this section—\nhardship order period means the later of the following periods to end—\n3 months after the serious drug offender confiscation order is made;\nthe period ending when all proceedings relating to hardship orders are finally decided.\ns 93ZZG ins 2013 No. 21 s 42\n(sec.93ZZG-ssec.1) During the hardship order period, the State must not, without the leave of the Supreme Court— dispose of property forfeited to the State under a serious drug offender confiscation order; or authorise anyone else to dispose of the property mentioned in paragraph (a) .\n(sec.93ZZG-ssec.2) This section does not limit section 213 .\n(sec.93ZZG-ssec.3) In this section— hardship order period means the later of the following periods to end— 3 months after the serious drug offender confiscation order is made; the period ending when all proceedings relating to hardship orders are finally decided.\n- (a) dispose of property forfeited to the State under a serious drug offender confiscation order; or\n- (b) authorise anyone else to dispose of the property mentioned in paragraph (a) .\n- (a) 3 months after the serious drug offender confiscation order is made;\n- (b) the period ending when all proceedings relating to hardship orders are finally decided.","sortOrder":220},{"sectionNumber":"sec.93ZZH","sectionType":"section","heading":"Dealing with property forfeited under serious drug offender confiscation order prohibited","content":"### sec.93ZZH Dealing with property forfeited under serious drug offender confiscation order prohibited\n\nA person who does, or attempts to do, an act or makes an omission in relation to property forfeited under a serious drug offender confiscation order that directly or indirectly defeats the operation of the order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was forfeited under a serious drug offender confiscation order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the property is—\na motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 .\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the serious drug offender confiscation order.\ns 93ZZH ins 2013 No. 21 s 42\nsub 2017 No. 6 s 18\n(sec.93ZZH-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to property forfeited under a serious drug offender confiscation order that directly or indirectly defeats the operation of the order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or 7 years imprisonment.\n(sec.93ZZH-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was forfeited under a serious drug offender confiscation order and no reason to suspect it was.\n(sec.93ZZH-ssec.3) However, the defence under subsection (2) is not available to the extent the property is— a motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 .\n(sec.93ZZH-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.93ZZH-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.93ZZH-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the serious drug offender confiscation order.\n- (a) for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 .\n- (a) did not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":221},{"sectionNumber":"sec.93ZZI","sectionType":"section","heading":"Effect of death","content":"### sec.93ZZI Effect of death\n\nIf a serious drug offender confiscation order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.\nA notice authorised or required to be given under this chapter to a person who is dead is taken to have been given if it is given to the person’s legal personal representative.\nA reference in this chapter to an interest in property of a person who is dead is a reference to an interest in the property the person had immediately before death.\nAn order may be applied for and made under this chapter—\nin relation to a person’s interest in property even if the person is dead; and\non the basis of the previous activities of a person who is dead.\ns 93ZZI ins 2013 No. 21 s 42\n(sec.93ZZI-ssec.1) If a serious drug offender confiscation order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order.\n(sec.93ZZI-ssec.2) A notice authorised or required to be given under this chapter to a person who is dead is taken to have been given if it is given to the person’s legal personal representative.\n(sec.93ZZI-ssec.3) A reference in this chapter to an interest in property of a person who is dead is a reference to an interest in the property the person had immediately before death.\n(sec.93ZZI-ssec.4) An order may be applied for and made under this chapter— in relation to a person’s interest in property even if the person is dead; and on the basis of the previous activities of a person who is dead.\n- (a) in relation to a person’s interest in property even if the person is dead; and\n- (b) on the basis of the previous activities of a person who is dead.","sortOrder":222},{"sectionNumber":"sec.93ZZJ","sectionType":"section","heading":"Effect of death of joint owner of restrained property","content":"### sec.93ZZJ Effect of death of joint owner of restrained property\n\nThis section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.\nThe death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.\nAlso, the restraining order continues to apply to the interest as if the person had not died.\nA serious drug offender confiscation order applying to the interest applies as if the order took effect immediately before the person died.\nIf a restraining order stops applying to property without a serious drug offender confiscation order being made in relation to the property, subsection (2) is taken not to have applied to the property.\ns 93ZZJ ins 2013 No. 21 s 42\n(sec.93ZZJ-ssec.1) This section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.\n(sec.93ZZJ-ssec.2) The death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.\n(sec.93ZZJ-ssec.3) Also, the restraining order continues to apply to the interest as if the person had not died.\n(sec.93ZZJ-ssec.4) A serious drug offender confiscation order applying to the interest applies as if the order took effect immediately before the person died.\n(sec.93ZZJ-ssec.5) If a restraining order stops applying to property without a serious drug offender confiscation order being made in relation to the property, subsection (2) is taken not to have applied to the property.","sortOrder":223},{"sectionNumber":"sec.93ZZK","sectionType":"section","heading":"Effect of appeal against conviction","content":"### sec.93ZZK Effect of appeal against conviction\n\nIf an appeal is started against the conviction of a person of a qualifying offence or pre-qualifying offence—\nan application for a serious drug offender confiscation order may still be made under section 93ZZ ; and\nsection 93ZZ (3) must be complied with.\nHowever, the court must adjourn the proceeding for the serious drug offender confiscation order until the appeal is decided or otherwise ends.\nIn relation to the discharge of a serious drug offender confiscation order, see division 5 . In relation to consent orders, see section 256A .\ns 93ZZK ins 2013 No. 21 s 42\n(sec.93ZZK-ssec.1) If an appeal is started against the conviction of a person of a qualifying offence or pre-qualifying offence— an application for a serious drug offender confiscation order may still be made under section 93ZZ ; and section 93ZZ (3) must be complied with.\n(sec.93ZZK-ssec.2) However, the court must adjourn the proceeding for the serious drug offender confiscation order until the appeal is decided or otherwise ends. In relation to the discharge of a serious drug offender confiscation order, see division 5 . In relation to consent orders, see section 256A .\n- (a) an application for a serious drug offender confiscation order may still be made under section 93ZZ ; and\n- (b) section 93ZZ (3) must be complied with.","sortOrder":224},{"sectionNumber":"sec.93ZZL","sectionType":"section","heading":"Effect of amendment of serious drug offence certificate after serious drug offender confiscation order made","content":"### sec.93ZZL Effect of amendment of serious drug offence certificate after serious drug offender confiscation order made\n\nThis section applies if, after a serious drug offender confiscation order is made, the serious drug offence certificate for the qualifying offence or a pre-qualifying offence on which the order is based is amended under the Penalties and Sentences Act 1992 , section 161I or 161J .\nIf the serious drug offence certificate is amended under the Penalties and Sentences Act 1992 , section 161K , the serious drug offender confiscation order is discharged under division 5 .\nThe validity of the serious drug offender confiscation order is not affected.\ns 93ZZL ins 2013 No. 21 s 42\n(sec.93ZZL-ssec.1) This section applies if, after a serious drug offender confiscation order is made, the serious drug offence certificate for the qualifying offence or a pre-qualifying offence on which the order is based is amended under the Penalties and Sentences Act 1992 , section 161I or 161J . If the serious drug offence certificate is amended under the Penalties and Sentences Act 1992 , section 161K , the serious drug offender confiscation order is discharged under division 5 .\n(sec.93ZZL-ssec.2) The validity of the serious drug offender confiscation order is not affected.","sortOrder":225},{"sectionNumber":"sec.93ZZM","sectionType":"section","heading":"Ch 2A restraining order does not prevent making of ch 2 or 3 restraining order","content":"### sec.93ZZM Ch 2A restraining order does not prevent making of ch 2 or 3 restraining order\n\nThe making of a restraining order under this chapter on the basis of a person being, or about to be, charged with or convicted of a qualifying offence does not prevent the making of a restraining order under chapter 2 or chapter 3 on the basis of the illegal activity that constitutes the qualifying offence.\nThis section does not limit section 257 .\ns 93ZZM ins 2013 No. 21 s 42\n(sec.93ZZM-ssec.1) The making of a restraining order under this chapter on the basis of a person being, or about to be, charged with or convicted of a qualifying offence does not prevent the making of a restraining order under chapter 2 or chapter 3 on the basis of the illegal activity that constitutes the qualifying offence.\n(sec.93ZZM-ssec.2) This section does not limit section 257 .","sortOrder":226},{"sectionNumber":"sec.93ZZN","sectionType":"section","heading":"Restriction on orders if serious drug offender confiscation order is applied for or made","content":"### sec.93ZZN Restriction on orders if serious drug offender confiscation order is applied for or made\n\nSubsection (3) applies if an application for a serious drug offender confiscation order against a person is dismissed, struck out or otherwise disposed of by the court without the order being made, except if the application is dismissed because the conviction of the person of the qualifying offence or a pre-qualifying offence on which the application is based is quashed on appeal.\nFor the removal of doubt, it is declared that subsection (3) does not apply if the application is withdrawn.\nThe State can not apply for another order under this Act on the basis of the illegal activity constituting the qualifying offence that was the basis of the application, other than an order under chapter 3 , part 3 , 4 or 7 .\nIf a serious drug offender confiscation order is made on the basis of the conviction of a person of a qualifying offence, no other order may be made under this Act on the basis of the illegal activity constituting the qualifying offence.\ns 93ZZN ins 2013 No. 21 s 42\n(sec.93ZZN-ssec.1) Subsection (3) applies if an application for a serious drug offender confiscation order against a person is dismissed, struck out or otherwise disposed of by the court without the order being made, except if the application is dismissed because the conviction of the person of the qualifying offence or a pre-qualifying offence on which the application is based is quashed on appeal.\n(sec.93ZZN-ssec.2) For the removal of doubt, it is declared that subsection (3) does not apply if the application is withdrawn.\n(sec.93ZZN-ssec.3) The State can not apply for another order under this Act on the basis of the illegal activity constituting the qualifying offence that was the basis of the application, other than an order under chapter 3 , part 3 , 4 or 7 .\n(sec.93ZZN-ssec.4) If a serious drug offender confiscation order is made on the basis of the conviction of a person of a qualifying offence, no other order may be made under this Act on the basis of the illegal activity constituting the qualifying offence.","sortOrder":227},{"sectionNumber":"ch.2A-pt.4-div.4","sectionType":"division","heading":"Hardship orders","content":"## Hardship orders","sortOrder":228},{"sectionNumber":"sec.93ZZO","sectionType":"section","heading":"Application for hardship order","content":"### sec.93ZZO Application for hardship order\n\nA dependant of the person against whom the serious drug offender confiscation order is made may apply to the Supreme Court for a hardship order.\nUnless the court gives leave under section 93ZZP , the application must be made within 3 months after the day the serious drug offender confiscation order is made.\nFor each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property the subject of the order written notice of—\nthe making of the application; and\nthe grounds for the application, including, for an application for a hardship order, a description of the property the subject of the serious drug offender confiscation order that the application relates to; and\nthe facts relied on.\nThe grounds for the application and the facts relied on must be stated fully in the notice.\nThe notice must be given at least 28 days before the day set for hearing the application.\nThe written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\nThe State must be a party to the application.\nAnyone else who is given notice of the application may appear at the hearing of the application.\nIf the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\nThe State must give the applicant notice of the grounds for opposing the application.\ns 93ZZO ins 2013 No. 21 s 42\n(sec.93ZZO-ssec.1) A dependant of the person against whom the serious drug offender confiscation order is made may apply to the Supreme Court for a hardship order.\n(sec.93ZZO-ssec.2) Unless the court gives leave under section 93ZZP , the application must be made within 3 months after the day the serious drug offender confiscation order is made.\n(sec.93ZZO-ssec.3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property the subject of the order written notice of— the making of the application; and the grounds for the application, including, for an application for a hardship order, a description of the property the subject of the serious drug offender confiscation order that the application relates to; and the facts relied on.\n(sec.93ZZO-ssec.4) The grounds for the application and the facts relied on must be stated fully in the notice.\n(sec.93ZZO-ssec.5) The notice must be given at least 28 days before the day set for hearing the application.\n(sec.93ZZO-ssec.6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.\n(sec.93ZZO-ssec.7) The State must be a party to the application.\n(sec.93ZZO-ssec.8) Anyone else who is given notice of the application may appear at the hearing of the application.\n(sec.93ZZO-ssec.9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.\n(sec.93ZZO-ssec.10) The State must give the applicant notice of the grounds for opposing the application.\n- (a) the making of the application; and\n- (b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of the serious drug offender confiscation order that the application relates to; and\n- (c) the facts relied on.","sortOrder":229},{"sectionNumber":"sec.93ZZP","sectionType":"section","heading":"When Supreme Court may give leave for s 93ZZO","content":"### sec.93ZZP When Supreme Court may give leave for s 93ZZO\n\nThe Supreme Court may give leave to apply for a hardship order after the end of the period mentioned in section 93ZZO (2) if it is satisfied the delay in applying was not because of the applicant’s neglect.\ns 93ZZP ins 2013 No. 21 s 42","sortOrder":230},{"sectionNumber":"sec.93ZZQ","sectionType":"section","heading":"Making of hardship order","content":"### sec.93ZZQ Making of hardship order\n\nThe Supreme Court may, on an application under section 93ZZO , make an order mentioned in section 93ZZR (1) (a hardship order ) in relation to special property if it is satisfied—\nthe applicant is a dependant of the person against whom the serious drug offender confiscation order was made; and\nthe operation of the serious drug offender confiscation order will cause hardship to the dependant.\nHowever, the court must not make a hardship order in favour of an adult dependant of the person against whom the serious drug offender confiscation order was made unless the court is satisfied the dependant had no knowledge of the relevant qualifying offence or a relevant pre-qualifying offence.\nIn this section—\nrelevant , in relation to a qualifying offence or pre-qualifying offence, means the qualifying offence or a pre-qualifying offence on the basis of which the serious drug offender confiscation order was made.\nspecial property means—\nany property, if the last change of ownership resulted from the death of someone other than the person against whom the serious drug offender confiscation order was made; or\nproperty given under a will\nproperty that is or was the dependant’s principal place of residence, if—\nthe last change of ownership of the property was at least 6 years before the relevant qualifying offence was committed; and\nthe property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\nFor subsection (3) , if an offence has been committed over a period of time, the date of commission of the offence is the date the person started committing the offence.\ns 93ZZQ ins 2013 No. 21 s 42\n(sec.93ZZQ-ssec.1) The Supreme Court may, on an application under section 93ZZO , make an order mentioned in section 93ZZR (1) (a hardship order ) in relation to special property if it is satisfied— the applicant is a dependant of the person against whom the serious drug offender confiscation order was made; and the operation of the serious drug offender confiscation order will cause hardship to the dependant.\n(sec.93ZZQ-ssec.2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom the serious drug offender confiscation order was made unless the court is satisfied the dependant had no knowledge of the relevant qualifying offence or a relevant pre-qualifying offence.\n(sec.93ZZQ-ssec.3) In this section— relevant , in relation to a qualifying offence or pre-qualifying offence, means the qualifying offence or a pre-qualifying offence on the basis of which the serious drug offender confiscation order was made. special property means— any property, if the last change of ownership resulted from the death of someone other than the person against whom the serious drug offender confiscation order was made; or property given under a will property that is or was the dependant’s principal place of residence, if— the last change of ownership of the property was at least 6 years before the relevant qualifying offence was committed; and the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n(sec.93ZZQ-ssec.4) For subsection (3) , if an offence has been committed over a period of time, the date of commission of the offence is the date the person started committing the offence.\n- (a) the applicant is a dependant of the person against whom the serious drug offender confiscation order was made; and\n- (b) the operation of the serious drug offender confiscation order will cause hardship to the dependant.\n- (a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the serious drug offender confiscation order was made; or Example— property given under a will\n- (b) property that is or was the dependant’s principal place of residence, if— (i) the last change of ownership of the property was at least 6 years before the relevant qualifying offence was committed; and (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the relevant qualifying offence was committed; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .\n- (i) the last change of ownership of the property was at least 6 years before the relevant qualifying offence was committed; and\n- (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .","sortOrder":231},{"sectionNumber":"sec.93ZZR","sectionType":"section","heading":"Hardship orders court may make","content":"### sec.93ZZR Hardship orders court may make\n\nSubject to subsection (2) , the court may make any of the following hardship orders—\nif the special property is still vested in the State—an order—\ndirecting the State to transfer the property to the dependant; or\ndirecting the State to sell the property and pay an amount to the dependant from the proceeds of sale;\nif the special property is no longer vested in the State—an order directing the State to pay to the dependant the value of the special property or a lesser amount.\nThe court may only make a hardship order the court considers is necessary to prevent hardship to the dependant.\nIf the dependant is under 18 years, the court may also make an ancillary order the court considers necessary for ensuring the proper transfer of property, or application of an amount to be paid, to the dependant.\nIn this section—\nspecial property see section 93ZZQ .\ns 93ZZR ins 2013 No. 21 s 42\n(sec.93ZZR-ssec.1) Subject to subsection (2) , the court may make any of the following hardship orders— if the special property is still vested in the State—an order— directing the State to transfer the property to the dependant; or directing the State to sell the property and pay an amount to the dependant from the proceeds of sale; if the special property is no longer vested in the State—an order directing the State to pay to the dependant the value of the special property or a lesser amount.\n(sec.93ZZR-ssec.2) The court may only make a hardship order the court considers is necessary to prevent hardship to the dependant.\n(sec.93ZZR-ssec.3) If the dependant is under 18 years, the court may also make an ancillary order the court considers necessary for ensuring the proper transfer of property, or application of an amount to be paid, to the dependant.\n(sec.93ZZR-ssec.4) In this section— special property see section 93ZZQ .\n- (a) if the special property is still vested in the State—an order— (i) directing the State to transfer the property to the dependant; or (ii) directing the State to sell the property and pay an amount to the dependant from the proceeds of sale;\n- (i) directing the State to transfer the property to the dependant; or\n- (ii) directing the State to sell the property and pay an amount to the dependant from the proceeds of sale;\n- (b) if the special property is no longer vested in the State—an order directing the State to pay to the dependant the value of the special property or a lesser amount.\n- (i) directing the State to transfer the property to the dependant; or\n- (ii) directing the State to sell the property and pay an amount to the dependant from the proceeds of sale;","sortOrder":232},{"sectionNumber":"ch.2A-pt.4-div.5","sectionType":"division","heading":"Discharge of serious drug offender confiscation order","content":"## Discharge of serious drug offender confiscation order","sortOrder":233},{"sectionNumber":"sec.93ZZS","sectionType":"section","heading":"Circumstances in which serious drug offender confiscation order is discharged","content":"### sec.93ZZS Circumstances in which serious drug offender confiscation order is discharged\n\nA serious drug offender confiscation order made against a person is discharged if—\nthe person’s conviction of the qualifying offence or a pre-qualifying offence on which the order is based is quashed; or\nthe order is discharged on appeal; or\nthe order was based on a qualifying offence or a pre-qualifying offence that was a category B offence or category C offence and, following an appeal, the offence is no longer either a category B offence or a category C offence.\ns 93ZZS ins 2013 No. 21 s 42\n- (a) the person’s conviction of the qualifying offence or a pre-qualifying offence on which the order is based is quashed; or\n- (b) the order is discharged on appeal; or\n- (c) the order was based on a qualifying offence or a pre-qualifying offence that was a category B offence or category C offence and, following an appeal, the offence is no longer either a category B offence or a category C offence.","sortOrder":234},{"sectionNumber":"sec.93ZZT","sectionType":"section","heading":"Notice after discharge of serious drug offender confiscation order","content":"### sec.93ZZT Notice after discharge of serious drug offender confiscation order\n\nThis section applies if a relevant event happens.\nAs soon as practicable after the relevant event happens, the commission must give notice of the happening of the relevant event to each person the commission considers may have had an interest in the property vested in the State under the serious drug offender confiscation order immediately before it was vested in the State.\nIf required by the Supreme Court, the commission must also give notice of the happening of the relevant event to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\nIf the property is still vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may, by written notice given to the Attorney-General, ask for the return of the property.\nIf the property is no longer vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may apply to the Supreme Court for an order declaring the value of the property.\nIn this section—\nrelevant event means an event mentioned in section 93ZZS .\ns 93ZZT ins 2013 No. 21 s 42\n(sec.93ZZT-ssec.1) This section applies if a relevant event happens.\n(sec.93ZZT-ssec.2) As soon as practicable after the relevant event happens, the commission must give notice of the happening of the relevant event to each person the commission considers may have had an interest in the property vested in the State under the serious drug offender confiscation order immediately before it was vested in the State.\n(sec.93ZZT-ssec.3) If required by the Supreme Court, the commission must also give notice of the happening of the relevant event to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\n(sec.93ZZT-ssec.4) If the property is still vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may, by written notice given to the Attorney-General, ask for the return of the property.\n(sec.93ZZT-ssec.5) If the property is no longer vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may apply to the Supreme Court for an order declaring the value of the property.\n(sec.93ZZT-ssec.6) In this section— relevant event means an event mentioned in section 93ZZS .","sortOrder":235},{"sectionNumber":"sec.93ZZU","sectionType":"section","heading":"Request for Attorney-General to return property","content":"### sec.93ZZU Request for Attorney-General to return property\n\nThis section applies if a person is given a notice under section 93ZZT relating to property that is still vested in the State.\nThe person may, in writing, ask the Attorney-General to return the property to the person.\nAs soon as practicable after receiving the notice, the Attorney-General must arrange for the property to be transferred to the applicant or someone else nominated by the applicant.\nThe Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.\ns 93ZZU ins 2013 No. 21 s 42\n(sec.93ZZU-ssec.1) This section applies if a person is given a notice under section 93ZZT relating to property that is still vested in the State.\n(sec.93ZZU-ssec.2) The person may, in writing, ask the Attorney-General to return the property to the person.\n(sec.93ZZU-ssec.3) As soon as practicable after receiving the notice, the Attorney-General must arrange for the property to be transferred to the applicant or someone else nominated by the applicant.\n(sec.93ZZU-ssec.4) The Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.","sortOrder":236},{"sectionNumber":"sec.93ZZV","sectionType":"section","heading":"Application for order declaring value of property","content":"### sec.93ZZV Application for order declaring value of property\n\nThis section applies if a person is given a notice under section 93ZZT relating to property that is no longer vested in the State.\nThe person may apply to the Supreme Court for an order declaring the value of the forfeited property.\nThe court must make an order declaring the value, at the time of the declaration, of the property.\nThe court may make the other orders the court considers appropriate.\nAfter the court makes the order, the applicant for the order may, in writing, ask the Attorney-General for payment of the amount declared by the order to be the value of the property.\nThe Attorney-General must arrange for payment to the applicant, or someone else nominated by the applicant, of the amount declared by the order.\ns 93ZZV ins 2013 No. 21 s 42\n(sec.93ZZV-ssec.1) This section applies if a person is given a notice under section 93ZZT relating to property that is no longer vested in the State.\n(sec.93ZZV-ssec.2) The person may apply to the Supreme Court for an order declaring the value of the forfeited property.\n(sec.93ZZV-ssec.3) The court must make an order declaring the value, at the time of the declaration, of the property.\n(sec.93ZZV-ssec.4) The court may make the other orders the court considers appropriate.\n(sec.93ZZV-ssec.5) After the court makes the order, the applicant for the order may, in writing, ask the Attorney-General for payment of the amount declared by the order to be the value of the property.\n(sec.93ZZV-ssec.6) The Attorney-General must arrange for payment to the applicant, or someone else nominated by the applicant, of the amount declared by the order.","sortOrder":237},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":238},{"sectionNumber":"sec.94","sectionType":"section","heading":"Explanation of ch 3","content":"### sec.94 Explanation of ch 3\n\nThis chapter enables proceedings to be started against a person to recover property and benefits derived from, and anything used for, or in the commission of, a confiscation offence, after the person has been charged with or convicted of the offence.\nIt does this by enabling a court, as a preliminary step in appropriate cases, to make a restraining order preventing the property being dealt with without the court’s leave.\nIt also empowers the court to forfeit the following property to the State—\nproperty used, or intended to be used, in or for the commission of a confiscation offence;\nproperty derived from property mentioned in paragraph (a) or from the commission of a confiscation offence.\nFor matters that the court is to consider in deciding whether to forfeit property mentioned in paragraph (a) , see section 151 (2) .\nIn addition, it provides a mechanism for—\npreventing the disposal or concealment of property and benefits derived from the commission of a confiscation offence; and\ndepriving persons who have directly or indirectly benefited from the commission of a confiscation offence of the benefits derived from the offence.\n(sec.94-ssec.1) This chapter enables proceedings to be started against a person to recover property and benefits derived from, and anything used for, or in the commission of, a confiscation offence, after the person has been charged with or convicted of the offence.\n(sec.94-ssec.2) It does this by enabling a court, as a preliminary step in appropriate cases, to make a restraining order preventing the property being dealt with without the court’s leave.\n(sec.94-ssec.3) It also empowers the court to forfeit the following property to the State— property used, or intended to be used, in or for the commission of a confiscation offence; property derived from property mentioned in paragraph (a) or from the commission of a confiscation offence. For matters that the court is to consider in deciding whether to forfeit property mentioned in paragraph (a) , see section 151 (2) .\n(sec.94-ssec.4) In addition, it provides a mechanism for— preventing the disposal or concealment of property and benefits derived from the commission of a confiscation offence; and depriving persons who have directly or indirectly benefited from the commission of a confiscation offence of the benefits derived from the offence.\n- (a) property used, or intended to be used, in or for the commission of a confiscation offence;\n- (b) property derived from property mentioned in paragraph (a) or from the commission of a confiscation offence.\n- (a) preventing the disposal or concealment of property and benefits derived from the commission of a confiscation offence; and\n- (b) depriving persons who have directly or indirectly benefited from the commission of a confiscation offence of the benefits derived from the offence.","sortOrder":239},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application of ch 3","content":"### sec.95 Application of ch 3\n\nThis chapter applies in relation to—\na confiscation offence committed or suspected of having been committed at any time, whether before or after the commencement of this Act; and\na person’s conviction of a confiscation offence at any time, whether before or after the commencement of this Act.\nSubsection (1) applies subject to section 96 .\n(sec.95-ssec.1) This chapter applies in relation to— a confiscation offence committed or suspected of having been committed at any time, whether before or after the commencement of this Act; and a person’s conviction of a confiscation offence at any time, whether before or after the commencement of this Act.\n(sec.95-ssec.2) Subsection (1) applies subject to section 96 .\n- (a) a confiscation offence committed or suspected of having been committed at any time, whether before or after the commencement of this Act; and\n- (b) a person’s conviction of a confiscation offence at any time, whether before or after the commencement of this Act.","sortOrder":240},{"sectionNumber":"sec.96","sectionType":"section","heading":"Matters ch 3 does not apply to","content":"### sec.96 Matters ch 3 does not apply to\n\nThis chapter does not apply to a person’s conviction of an offence if the person was convicted of the offence before 12 May 1989.\nSubsection (1) does not apply to interstate forfeiture orders, interstate pecuniary penalty orders or interstate restraining orders.\n(sec.96-ssec.1) This chapter does not apply to a person’s conviction of an offence if the person was convicted of the offence before 12 May 1989.\n(sec.96-ssec.2) Subsection (1) does not apply to interstate forfeiture orders, interstate pecuniary penalty orders or interstate restraining orders.","sortOrder":241},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application may be made for more than 1 order","content":"### sec.97 Application may be made for more than 1 order\n\nNothing in this chapter prevents a court hearing and deciding at the same time—\nan application for a forfeiture order or pecuniary penalty order; and\nan application under a Commonwealth law that makes provision substantially similar to this chapter.\n- (a) an application for a forfeiture order or pecuniary penalty order; and\n- (b) an application under a Commonwealth law that makes provision substantially similar to this chapter.","sortOrder":242},{"sectionNumber":"sec.98","sectionType":"section","heading":"Constitution of court","content":"### sec.98 Constitution of court\n\nThis section applies—\nif an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and\nwhether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.\nThe court—\nmay deal with the application; and\nmay perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.\n(sec.98-ssec.1) This section applies— if an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and whether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.\n(sec.98-ssec.2) The court— may deal with the application; and may perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.\n- (a) if an application for a forfeiture order, pecuniary penalty order or restraining order is made to a court before which a person was convicted of a confiscation offence; and\n- (b) whether or not the court is constituted in the same way as it was constituted when the person was convicted of the offence.\n- (a) may deal with the application; and\n- (b) may perform any function and exercise any power in relation to the forfeiture order, pecuniary penalty order or restraining order, that the court may perform or exercise under this Act.","sortOrder":243},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":244},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"References to relevant offences","content":"## References to relevant offences","sortOrder":245},{"sectionNumber":"sec.99","sectionType":"section","heading":"Meaning of confiscation offence","content":"### sec.99 Meaning of confiscation offence\n\nAn offence is a confiscation offence if it is—\na serious criminal offence; or\nanother indictable offence, whether dealt with on indictment or summarily; or\nan offence against this Act for which an offender is liable to imprisonment; or\nan offence against an Act or a provision specified in schedule 2 , part 2 ; or\nanother offence prescribed under a regulation as a confiscation offence.\nThis definition applies to the whole Act. See the dictionary.\n- (a) a serious criminal offence; or\n- (b) another indictable offence, whether dealt with on indictment or summarily; or\n- (c) an offence against this Act for which an offender is liable to imprisonment; or\n- (d) an offence against an Act or a provision specified in schedule 2 , part 2 ; or\n- (e) another offence prescribed under a regulation as a confiscation offence.","sortOrder":246},{"sectionNumber":"sec.100","sectionType":"section","heading":"Meaning of serious criminal offence","content":"### sec.100 Meaning of serious criminal offence\n\nSerious criminal offence has the same meaning as in section 17 .","sortOrder":247},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"References to property and benefits","content":"## References to property and benefits","sortOrder":248},{"sectionNumber":"sec.101","sectionType":"section","heading":"Meaning of benefit","content":"### sec.101 Meaning of benefit\n\nBenefit includes service and advantage.","sortOrder":249},{"sectionNumber":"sec.102","sectionType":"section","heading":"Meaning of benefit derived","content":"### sec.102 Meaning of benefit derived\n\nA benefit derived by a person includes a benefit derived by someone else at the person’s request or direction.","sortOrder":250},{"sectionNumber":"sec.103","sectionType":"section","heading":"Meaning of effective control","content":"### sec.103 Meaning of effective control\n\nEffective control of property has the same meaning as in section 20 .\nThe definition of property is given by the Acts Interpretation Act 1954 , schedule 1 .\nFor subsection (1) , a reference in section 20 to chapter 2 is taken to be a reference to this chapter.\ns 103 amd 2009 No. 2 s 33 ; 2013 No. 39 s 110 (1) sch 3 pt 1\n(sec.103-ssec.1) Effective control of property has the same meaning as in section 20 . The definition of property is given by the Acts Interpretation Act 1954 , schedule 1 .\n(sec.103-ssec.2) For subsection (1) , a reference in section 20 to chapter 2 is taken to be a reference to this chapter.","sortOrder":251},{"sectionNumber":"sec.104","sectionType":"section","heading":"Meaning of tainted property","content":"### sec.104 Meaning of tainted property\n\nTainted property , for a confiscation offence, means—\nproperty used, or intended to be used, by a person in, or in connection with, the commission of the offence; or\nproperty or another benefit derived by a person from property mentioned in paragraph (a) ; or\nproperty or another benefit derived by a person from the commission of the offence; or\nif the offence is money laundering, property mentioned in section 250 (2) (a) ; or\nif the offence is against section 252 (1) , property mentioned in that subsection.\nProperty mentioned in subsection (1) (a) includes property the use of which is, or the intended use of which would be, all or part of the confiscation offence.\nSubsection (1) (d) and (e) —\ndo not limit subsection (1) (a) to (c) ; and\napply even though an act done in relation to the property is all or part of the confiscation offence.\nIf the confiscation offence is conspiracy to commit a confiscation offence, the references to the confiscation offence in subsection (1) (a) and (c) are taken to include a reference to the confiscation offence the subject of the conspiracy.\nAn offence may be a conspiracy to commit a confiscation offence if it is an ancillary offence to a serious criminal offence, or another indictable offence that is a conspiracy to commit a crime under the Criminal Code , section 541 .\nFor part 3 , property mentioned in subsection (1) includes benefits that the prescribed respondent has derived, is deriving, or is to derive, under a contract formed on or after 12 May 1989 about either of the following—\na depiction of a confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;\nan expression of the prescribed respondent’s thoughts, opinions or emotions about a confiscation offence.\ns 104 amd 2004 No. 43 s 37\n(sec.104-ssec.1) Tainted property , for a confiscation offence, means— property used, or intended to be used, by a person in, or in connection with, the commission of the offence; or property or another benefit derived by a person from property mentioned in paragraph (a) ; or property or another benefit derived by a person from the commission of the offence; or if the offence is money laundering, property mentioned in section 250 (2) (a) ; or if the offence is against section 252 (1) , property mentioned in that subsection.\n(sec.104-ssec.2) Property mentioned in subsection (1) (a) includes property the use of which is, or the intended use of which would be, all or part of the confiscation offence.\n(sec.104-ssec.3) Subsection (1) (d) and (e) — do not limit subsection (1) (a) to (c) ; and apply even though an act done in relation to the property is all or part of the confiscation offence.\n(sec.104-ssec.4) If the confiscation offence is conspiracy to commit a confiscation offence, the references to the confiscation offence in subsection (1) (a) and (c) are taken to include a reference to the confiscation offence the subject of the conspiracy. An offence may be a conspiracy to commit a confiscation offence if it is an ancillary offence to a serious criminal offence, or another indictable offence that is a conspiracy to commit a crime under the Criminal Code , section 541 .\n(sec.104-ssec.5) For part 3 , property mentioned in subsection (1) includes benefits that the prescribed respondent has derived, is deriving, or is to derive, under a contract formed on or after 12 May 1989 about either of the following— a depiction of a confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind; an expression of the prescribed respondent’s thoughts, opinions or emotions about a confiscation offence.\n- (a) property used, or intended to be used, by a person in, or in connection with, the commission of the offence; or\n- (b) property or another benefit derived by a person from property mentioned in paragraph (a) ; or\n- (c) property or another benefit derived by a person from the commission of the offence; or\n- (d) if the offence is money laundering, property mentioned in section 250 (2) (a) ; or\n- (e) if the offence is against section 252 (1) , property mentioned in that subsection.\n- (a) do not limit subsection (1) (a) to (c) ; and\n- (b) apply even though an act done in relation to the property is all or part of the confiscation offence.\n- (a) a depiction of a confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;\n- (b) an expression of the prescribed respondent’s thoughts, opinions or emotions about a confiscation offence.","sortOrder":252},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"References to relevant criminal proceedings","content":"## References to relevant criminal proceedings","sortOrder":253},{"sectionNumber":"sec.105","sectionType":"section","heading":"Meaning of charge if complaint made","content":"### sec.105 Meaning of charge if complaint made\n\nThis section applies if a proceeding for an offence is started against a person—\nby complaint and summons under the Justices Act 1886 ; or\nby notice to appear under the Police Powers and Responsibilities Act 2000 .\nIf the complaint is sworn, the person is charged when the complaint is made whether or not a justice has issued on the complaint—\na summons requiring the person’s attendance before a court; or\na warrant for the person’s arrest.\nIf the complaint is not sworn, the person is charged when the summons is served on the person.\nIf the proceeding is started by notice to appear, the person is charged when the notice to appear is issued and served on the person.\n(sec.105-ssec.1) This section applies if a proceeding for an offence is started against a person— by complaint and summons under the Justices Act 1886 ; or by notice to appear under the Police Powers and Responsibilities Act 2000 .\n(sec.105-ssec.2) If the complaint is sworn, the person is charged when the complaint is made whether or not a justice has issued on the complaint— a summons requiring the person’s attendance before a court; or a warrant for the person’s arrest.\n(sec.105-ssec.3) If the complaint is not sworn, the person is charged when the summons is served on the person.\n(sec.105-ssec.4) If the proceeding is started by notice to appear, the person is charged when the notice to appear is issued and served on the person.\n- (a) by complaint and summons under the Justices Act 1886 ; or\n- (b) by notice to appear under the Police Powers and Responsibilities Act 2000 .\n- (a) a summons requiring the person’s attendance before a court; or\n- (b) a warrant for the person’s arrest.","sortOrder":254},{"sectionNumber":"sec.106","sectionType":"section","heading":"Meaning of convicted of offence","content":"### sec.106 Meaning of convicted of offence\n\nA person must be treated as if convicted of an offence if—\nthe person is found guilty of the offence, whether or not a conviction is recorded; or\nthe offence is taken into account by a court in sentencing the person for another offence; or\nthe person becomes unamenable to justice for the offence; or\nthe person is acquitted of the offence because of unsoundness of mind.\nHowever, if a person is treated as if convicted of a confiscation offence because—\nthe person is unamenable to justice for the offence; or\nthe person is acquitted of the offence because of unsoundness of mind;\na court may rely on the person being so treated to make a forfeiture order, pecuniary penalty order or special forfeiture order only if it is satisfied that, apart from paragraph (a) or (b) , the evidence is of sufficient weight to support a conviction of the person for the offence.\n(sec.106-ssec.1) A person must be treated as if convicted of an offence if— the person is found guilty of the offence, whether or not a conviction is recorded; or the offence is taken into account by a court in sentencing the person for another offence; or the person becomes unamenable to justice for the offence; or the person is acquitted of the offence because of unsoundness of mind.\n(sec.106-ssec.2) However, if a person is treated as if convicted of a confiscation offence because— the person is unamenable to justice for the offence; or the person is acquitted of the offence because of unsoundness of mind; a court may rely on the person being so treated to make a forfeiture order, pecuniary penalty order or special forfeiture order only if it is satisfied that, apart from paragraph (a) or (b) , the evidence is of sufficient weight to support a conviction of the person for the offence.\n- (a) the person is found guilty of the offence, whether or not a conviction is recorded; or\n- (b) the offence is taken into account by a court in sentencing the person for another offence; or\n- (c) the person becomes unamenable to justice for the offence; or\n- (d) the person is acquitted of the offence because of unsoundness of mind.\n- (a) the person is unamenable to justice for the offence; or\n- (b) the person is acquitted of the offence because of unsoundness of mind;","sortOrder":255},{"sectionNumber":"sec.107","sectionType":"section","heading":"Meaning of quash a conviction","content":"### sec.107 Meaning of quash a conviction\n\nQuash includes set aside and rescind.\nThis definition covers various expressions used in the Criminal Code , section 668E (Determination of appeal in ordinary cases) and the Justices Act 1886 , section 225 (Powers of judge on hearing appeal).\nAlso, a person’s conviction is taken to be quashed if—\nfor a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or\nfor a conviction because an offence is taken into account by a court in sentencing the person for another offence—\nthe person’s conviction of the other offence is quashed; or\nthe court’s decision to take the offence into account is quashed by a court; or\nfor a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and—\nthe proceeding is discontinued; or\nthe person is acquitted; or\nthe person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or\nthe offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or\nthe offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or\nfor a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.\n(sec.107-ssec.1) Quash includes set aside and rescind. This definition covers various expressions used in the Criminal Code , section 668E (Determination of appeal in ordinary cases) and the Justices Act 1886 , section 225 (Powers of judge on hearing appeal).\n(sec.107-ssec.2) Also, a person’s conviction is taken to be quashed if— for a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or for a conviction because an offence is taken into account by a court in sentencing the person for another offence— the person’s conviction of the other offence is quashed; or the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and— the proceeding is discontinued; or the person is acquitted; or the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.\n- (a) for a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or\n- (b) for a conviction because an offence is taken into account by a court in sentencing the person for another offence— (i) the person’s conviction of the other offence is quashed; or (ii) the court’s decision to take the offence into account is quashed by a court; or\n- (i) the person’s conviction of the other offence is quashed; or\n- (ii) the court’s decision to take the offence into account is quashed by a court; or\n- (c) for a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and— (i) the proceeding is discontinued; or (ii) the person is acquitted; or (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.\n- (i) the proceeding is discontinued; or\n- (ii) the person is acquitted; or\n- (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or\n- (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or\n- (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or\n- (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.\n- (i) the person’s conviction of the other offence is quashed; or\n- (ii) the court’s decision to take the offence into account is quashed by a court; or\n- (i) the proceeding is discontinued; or\n- (ii) the person is acquitted; or\n- (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or\n- (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or\n- (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or\n- (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.","sortOrder":256},{"sectionNumber":"sec.108","sectionType":"section","heading":"Meaning of related offence","content":"### sec.108 Meaning of related offence\n\nAn offence is related to another offence if both offences consist substantially of the same acts or omissions or form part of the same series of acts or omissions.","sortOrder":257},{"sectionNumber":"sec.109","sectionType":"section","heading":"Meaning of unamenable to justice","content":"### sec.109 Meaning of unamenable to justice\n\nA person becomes unamenable to justice for an offence only if—\na proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and\nthe person is taken to become unamenable to justice under any of sections 110 to 115 .\nFor subsection (1) , a proceeding for an offence starts when—\na person is charged as defined in section 105 ; or\na Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or\nan indictment is presented against the person for the offence.\nThis definition applies to the whole Act. See the dictionary.\n(sec.109-ssec.1) A person becomes unamenable to justice for an offence only if— a proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and the person is taken to become unamenable to justice under any of sections 110 to 115 .\n(sec.109-ssec.2) For subsection (1) , a proceeding for an offence starts when— a person is charged as defined in section 105 ; or a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or an indictment is presented against the person for the offence. This definition applies to the whole Act. See the dictionary.\n- (a) a proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and\n- (b) the person is taken to become unamenable to justice under any of sections 110 to 115 .\n- (a) a person is charged as defined in section 105 ; or\n- (b) a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or\n- (c) an indictment is presented against the person for the offence.","sortOrder":258},{"sectionNumber":"sec.110","sectionType":"section","heading":"Unamenable to justice if person absconds","content":"### sec.110 Unamenable to justice if person absconds\n\nThe person is taken to become unamenable to justice if any of the following decides the person has absconded from the proceeding for the offence—\nthe Supreme Court;\nthe court to which the person is committed for trial or sentence;\nthe court in which the proceeding is waiting to be heard, or being heard.\nThe person is taken to become unamenable to justice when the court decides the person has absconded or on another day decided by the court.\n(sec.110-ssec.1) The person is taken to become unamenable to justice if any of the following decides the person has absconded from the proceeding for the offence— the Supreme Court; the court to which the person is committed for trial or sentence; the court in which the proceeding is waiting to be heard, or being heard.\n(sec.110-ssec.2) The person is taken to become unamenable to justice when the court decides the person has absconded or on another day decided by the court.\n- (a) the Supreme Court;\n- (b) the court to which the person is committed for trial or sentence;\n- (c) the court in which the proceeding is waiting to be heard, or being heard.","sortOrder":259},{"sectionNumber":"sec.111","sectionType":"section","heading":"Unamenable to justice if person dead","content":"### sec.111 Unamenable to justice if person dead\n\nThe person is taken to become unamenable to justice if the person dies before the proceeding for the offence is finally decided.\nThe person is taken to become unamenable to justice when the person dies.\n(sec.111-ssec.1) The person is taken to become unamenable to justice if the person dies before the proceeding for the offence is finally decided.\n(sec.111-ssec.2) The person is taken to become unamenable to justice when the person dies.","sortOrder":260},{"sectionNumber":"sec.112","sectionType":"section","heading":"Unamenable to justice if person not fit for trial","content":"### sec.112 Unamenable to justice if person not fit for trial\n\nThe person is taken to become unamenable to justice if—\nunder the Mental Health Act 2016 , chapter 5 , part 3 , the person is found to be not fit for trial on the charge of the offence; and\nthe proceeding for the offence is discontinued because of the finding.\nThe person is taken to become unamenable to justice when the proceeding is discontinued.\ns 112 amd 2016 No. 5 s 923 sch 4\n(sec.112-ssec.1) The person is taken to become unamenable to justice if— under the Mental Health Act 2016 , chapter 5 , part 3 , the person is found to be not fit for trial on the charge of the offence; and the proceeding for the offence is discontinued because of the finding.\n(sec.112-ssec.2) The person is taken to become unamenable to justice when the proceeding is discontinued.\n- (a) under the Mental Health Act 2016 , chapter 5 , part 3 , the person is found to be not fit for trial on the charge of the offence; and\n- (b) the proceeding for the offence is discontinued because of the finding.","sortOrder":261},{"sectionNumber":"sec.113","sectionType":"section","heading":"Unamenable to justice if warrant issued but not executed","content":"### sec.113 Unamenable to justice if warrant issued but not executed\n\nThe person is taken to become unamenable to justice if—\na warrant is issued for the arrest of the person for the offence, whether because of a complaint and summons or otherwise; and\nthe warrant has not been executed within 6 months after its issue even though all reasonable steps have been taken to execute it.\nThe person is taken to be unamenable to justice at the end of the last day of the 6 months mentioned in subsection (1) (b) .\nIn this section—\narrest includes apprehension.\n(sec.113-ssec.1) The person is taken to become unamenable to justice if— a warrant is issued for the arrest of the person for the offence, whether because of a complaint and summons or otherwise; and the warrant has not been executed within 6 months after its issue even though all reasonable steps have been taken to execute it.\n(sec.113-ssec.2) The person is taken to be unamenable to justice at the end of the last day of the 6 months mentioned in subsection (1) (b) .\n(sec.113-ssec.3) In this section— arrest includes apprehension.\n- (a) a warrant is issued for the arrest of the person for the offence, whether because of a complaint and summons or otherwise; and\n- (b) the warrant has not been executed within 6 months after its issue even though all reasonable steps have been taken to execute it.","sortOrder":262},{"sectionNumber":"sec.114","sectionType":"section","heading":"Unamenable to justice if no extradition order at end of extradition proceeding","content":"### sec.114 Unamenable to justice if no extradition order at end of extradition proceeding\n\nThe person is taken to become unamenable to justice if—\n6 months after the proceeding for the offence is started the person is unamenable to justice because the person is outside Australia; and\nan extradition proceeding against the person for the offence has been started; and\nthe extradition proceeding ends without an extradition order being made.\nThe person is taken to be unamenable to justice when the extradition proceeding ends.\n(sec.114-ssec.1) The person is taken to become unamenable to justice if— 6 months after the proceeding for the offence is started the person is unamenable to justice because the person is outside Australia; and an extradition proceeding against the person for the offence has been started; and the extradition proceeding ends without an extradition order being made.\n(sec.114-ssec.2) The person is taken to be unamenable to justice when the extradition proceeding ends.\n- (a) 6 months after the proceeding for the offence is started the person is unamenable to justice because the person is outside Australia; and\n- (b) an extradition proceeding against the person for the offence has been started; and\n- (c) the extradition proceeding ends without an extradition order being made.","sortOrder":263},{"sectionNumber":"sec.115","sectionType":"section","heading":"Unamenable to justice for another reason","content":"### sec.115 Unamenable to justice for another reason\n\nThe person is taken to become unamenable to justice if, 6 months after the proceeding for the offence is started—\nthe person is unamenable to justice for another reason; and\nif the person is outside Australia, there is no extradition proceeding pending against the person.\nThe person is taken to be unamenable to justice at the end of the last day of the 6 months mentioned in subsection (1) .\n(sec.115-ssec.1) The person is taken to become unamenable to justice if, 6 months after the proceeding for the offence is started— the person is unamenable to justice for another reason; and if the person is outside Australia, there is no extradition proceeding pending against the person.\n(sec.115-ssec.2) The person is taken to be unamenable to justice at the end of the last day of the 6 months mentioned in subsection (1) .\n- (a) the person is unamenable to justice for another reason; and\n- (b) if the person is outside Australia, there is no extradition proceeding pending against the person.","sortOrder":264},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Restraining orders","content":"# Restraining orders","sortOrder":265},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":266},{"sectionNumber":"sec.116","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.116 Definitions for pt 3\n\nIn this part—\nprescribed respondent means a person who—\nis about to be, or has been, charged with the confiscation offence to which an application for a restraining order, or a restraining order relates; or\nhas been convicted of the confiscation offence to which an application for a restraining order, or a restraining order relates.\nrelevant offence means the confiscation offence or confiscation offences to which an application for a restraining order, or a restraining order, under this part relates.\n- (a) is about to be, or has been, charged with the confiscation offence to which an application for a restraining order, or a restraining order relates; or\n- (b) has been convicted of the confiscation offence to which an application for a restraining order, or a restraining order relates.","sortOrder":267},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Application for restraining order","content":"## Application for restraining order","sortOrder":268},{"sectionNumber":"sec.117","sectionType":"section","heading":"Application for restraining order","content":"### sec.117 Application for restraining order\n\nThe State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property) other than in a stated way or in stated circumstances.\nIf the application is made in urgent circumstances or the prescribed respondent is about to be charged with a relevant offence, the application may be made without notice to the prescribed respondent or another person to whom it relates.\nThe application must be supported by an affidavit of a police officer.\nThe application may relate to all or any of the following property—\nfor property of a prescribed respondent—\nstated property; or\na stated class of property; or\nall property; or\nall property other than stated property; or\nall or stated property acquired after the restraining order is made;\nstated property, or a stated class of property, of a stated person, other than a prescribed respondent.\nThe court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.\nThe court may require additional information supporting the application to be given by affidavit or statutory declaration.\n(sec.117-ssec.1) The State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property) other than in a stated way or in stated circumstances.\n(sec.117-ssec.2) If the application is made in urgent circumstances or the prescribed respondent is about to be charged with a relevant offence, the application may be made without notice to the prescribed respondent or another person to whom it relates.\n(sec.117-ssec.3) The application must be supported by an affidavit of a police officer.\n(sec.117-ssec.4) The application may relate to all or any of the following property— for property of a prescribed respondent— stated property; or a stated class of property; or all property; or all property other than stated property; or all or stated property acquired after the restraining order is made; stated property, or a stated class of property, of a stated person, other than a prescribed respondent.\n(sec.117-ssec.5) The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires. The court may require additional information supporting the application to be given by affidavit or statutory declaration.\n- (a) for property of a prescribed respondent— (i) stated property; or (ii) a stated class of property; or (iii) all property; or (iv) all property other than stated property; or (v) all or stated property acquired after the restraining order is made;\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;\n- (b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent.\n- (i) stated property; or\n- (ii) a stated class of property; or\n- (iii) all property; or\n- (iv) all property other than stated property; or\n- (v) all or stated property acquired after the restraining order is made;","sortOrder":269},{"sectionNumber":"sec.118","sectionType":"section","heading":"Affidavit—general requirements","content":"### sec.118 Affidavit—general requirements\n\nThe police officer’s affidavit must state the following—\nthe confiscation offence on which the application is based;\nif the confiscation offence is not a major drug offence and the police officer suspects the relevant property is the prescribed respondent’s property, the police officer suspects—\nthe property is tainted property and the reason for the suspicion; or\nthe prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion;\nif the basis of the application is the conviction of the prescribed respondent of the confiscation offence, details of the conviction;\nif the basis of the application is the fact that the prescribed respondent has been or is about to be charged with the confiscation offence, the police officer suspects the prescribed respondent committed the offence and the reason for the suspicion;\ndetails of the property sought to be restrained;\nthe police officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion.\ns 118 amd 2013 No. 21 s 43\n- (a) the confiscation offence on which the application is based;\n- (b) if the confiscation offence is not a major drug offence and the police officer suspects the relevant property is the prescribed respondent’s property, the police officer suspects— (i) the property is tainted property and the reason for the suspicion; or (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion;\n- (i) the property is tainted property and the reason for the suspicion; or\n- (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion;\n- (c) if the basis of the application is the conviction of the prescribed respondent of the confiscation offence, details of the conviction;\n- (d) if the basis of the application is the fact that the prescribed respondent has been or is about to be charged with the confiscation offence, the police officer suspects the prescribed respondent committed the offence and the reason for the suspicion;\n- (e) details of the property sought to be restrained;\n- (f) the police officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion.\n- (i) the property is tainted property and the reason for the suspicion; or\n- (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion;","sortOrder":270},{"sectionNumber":"sec.119","sectionType":"section","heading":"Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property","content":"### sec.119 Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property\n\nThis section applies only if a police officer’s affidavit relates to property of someone other than the prescribed respondent.\nThis section is in addition to section 118 .\nIf the relevant offence is a major drug offence, the police officer’s affidavit must state—\nthe police officer suspects that the property is tainted property and the reason for the suspicion; or\nthe police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.\nIf the relevant offence is not a major drug offence, the police officer’s affidavit must state—\nthe police officer suspects that the property is tainted property and the reason for the suspicion; or\nthe police officer—\nsuspects that the property is under the prescribed respondent’s effective control; and\nsuspects that the prescribed respondent derived a benefit from the commission of the offence; and\nthe reason for the suspicion.\ns 119 amd 2013 No. 21 s 44\n(sec.119-ssec.1) This section applies only if a police officer’s affidavit relates to property of someone other than the prescribed respondent.\n(sec.119-ssec.2) This section is in addition to section 118 .\n(sec.119-ssec.3) If the relevant offence is a major drug offence, the police officer’s affidavit must state— the police officer suspects that the property is tainted property and the reason for the suspicion; or the police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.\n(sec.119-ssec.4) If the relevant offence is not a major drug offence, the police officer’s affidavit must state— the police officer suspects that the property is tainted property and the reason for the suspicion; or the police officer— suspects that the property is under the prescribed respondent’s effective control; and suspects that the prescribed respondent derived a benefit from the commission of the offence; and the reason for the suspicion.\n- (a) the police officer suspects that the property is tainted property and the reason for the suspicion; or\n- (b) the police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.\n- (a) the police officer suspects that the property is tainted property and the reason for the suspicion; or\n- (b) the police officer— (i) suspects that the property is under the prescribed respondent’s effective control; and (ii) suspects that the prescribed respondent derived a benefit from the commission of the offence; and (iii) the reason for the suspicion.\n- (i) suspects that the property is under the prescribed respondent’s effective control; and\n- (ii) suspects that the prescribed respondent derived a benefit from the commission of the offence; and\n- (iii) the reason for the suspicion.\n- (i) suspects that the property is under the prescribed respondent’s effective control; and\n- (ii) suspects that the prescribed respondent derived a benefit from the commission of the offence; and\n- (iii) the reason for the suspicion.","sortOrder":271},{"sectionNumber":"sec.120","sectionType":"section","heading":"Notice of application for restraining order","content":"### sec.120 Notice of application for restraining order\n\nSubject to section 121 (2) , the State must give notice of the application to each person whose property is the subject of the application and anyone else the appropriate officer making the application for the State considers has an interest in the property.\nUnder the Uniform Civil Procedure Rules 1999 , an application filed in a court must be served on each respondent at least 3 business days before the day set for hearing the application.\ns 120 amd 2003 No. 55 s 46D","sortOrder":272},{"sectionNumber":"sec.121","sectionType":"section","heading":"Hearing of application","content":"### sec.121 Hearing of application\n\nThe Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider the application without notice having been given if the DPP asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way and within the time the court considers appropriate.\nA person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 121 sub 2003 No. 55 s 46E\n(sec.121-ssec.1) The Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application.\n(sec.121-ssec.2) Despite subsection (1) , the court must consider the application without notice having been given if the DPP asks the court to do so.\n(sec.121-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way and within the time the court considers appropriate.\n(sec.121-ssec.4) A person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":273},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Making restraining orders and other orders","content":"## Making restraining orders and other orders","sortOrder":274},{"sectionNumber":"sec.122","sectionType":"section","heading":"Making restraining order","content":"### sec.122 Making restraining order\n\nThe Supreme Court may make a restraining order if, after considering the application and the relevant affidavit, it is satisfied that—\nthe application relates to a prescribed respondent; and\nthere are reasonable grounds for the suspicions on which the application is based.\nHowever, if the confiscation offence is a serious criminal offence, the court must make a restraining order unless the court is satisfied in the particular circumstances it is not in the public interest to make the order.\nThe court may make a restraining order in relation to a prescribed respondent who is about to be charged with a confiscation offence only if the court is satisfied the prescribed respondent will be charged with the confiscation offence or a related offence within the next 48 hours.\nThe court may refuse to make the restraining order if the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\nThe DPP may give the court the undertakings the court requires.\nAlso, the making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to—\na proceeding under this Act; or\na criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\n(sec.122-ssec.1) The Supreme Court may make a restraining order if, after considering the application and the relevant affidavit, it is satisfied that— the application relates to a prescribed respondent; and there are reasonable grounds for the suspicions on which the application is based.\n(sec.122-ssec.2) However, if the confiscation offence is a serious criminal offence, the court must make a restraining order unless the court is satisfied in the particular circumstances it is not in the public interest to make the order.\n(sec.122-ssec.3) The court may make a restraining order in relation to a prescribed respondent who is about to be charged with a confiscation offence only if the court is satisfied the prescribed respondent will be charged with the confiscation offence or a related offence within the next 48 hours.\n(sec.122-ssec.4) The court may refuse to make the restraining order if the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.\n(sec.122-ssec.5) The DPP may give the court the undertakings the court requires.\n(sec.122-ssec.6) Also, the making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to— a proceeding under this Act; or a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.\n- (a) the application relates to a prescribed respondent; and\n- (b) there are reasonable grounds for the suspicions on which the application is based.\n- (a) a proceeding under this Act; or\n- (b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.","sortOrder":275},{"sectionNumber":"sec.123","sectionType":"section","heading":"Absence of risk does not prevent making of order","content":"### sec.123 Absence of risk does not prevent making of order\n\nThe Supreme Court may make a restraining order against property whether or not there is a risk of the property being dealt with in a way that would defeat the operation of this Act.","sortOrder":276},{"sectionNumber":"sec.124","sectionType":"section","heading":"Conditions of restraining order","content":"### sec.124 Conditions of restraining order\n\nIt is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\nThe Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following—\na condition about who is to have possession of the property;\na condition of a kind mentioned in section 125 or 126 .\n(sec.124-ssec.1) It is a condition of every restraining order that the person whose property is restrained under the order must preserve the property.\n(sec.124-ssec.2) The Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following— a condition about who is to have possession of the property; a condition of a kind mentioned in section 125 or 126 .\n- (a) a condition about who is to have possession of the property;\n- (b) a condition of a kind mentioned in section 125 or 126 .","sortOrder":277},{"sectionNumber":"sec.125","sectionType":"section","heading":"Conditions about dealing with property by agreement","content":"### sec.125 Conditions about dealing with property by agreement\n\nThe Supreme Court may impose a condition authorising the DPP to agree to—\nthe disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\nthe application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.\ns 125 amd 2013 No. 21 s 45\n- (a) the disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or\n- (b) the application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act.","sortOrder":278},{"sectionNumber":"sec.126","sectionType":"section","heading":"Conditions about particular payments out of restrained property","content":"### sec.126 Conditions about particular payments out of restrained property\n\nThe Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order—\nthe person’s reasonable living expenses and reasonable business expenses;\nthe reasonable living expenses of any of the person’s dependants;\na stated debt incurred in good faith by the person.\nSubsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\nAlso, subsection (1) applies only if the court is satisfied—\nthe person can not meet the expense or debt out of property that is not restrained under the order; and\nthe property from which the expenses or debt are to be paid is not tainted property and is not available substitute property.\nFurther, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\ns 126 amd 2009 No. 2 s 34\n(sec.126-ssec.1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order— the person’s reasonable living expenses and reasonable business expenses; the reasonable living expenses of any of the person’s dependants; a stated debt incurred in good faith by the person.\n(sec.126-ssec.2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .\n(sec.126-ssec.3) Also, subsection (1) applies only if the court is satisfied— the person can not meet the expense or debt out of property that is not restrained under the order; and the property from which the expenses or debt are to be paid is not tainted property and is not available substitute property.\n(sec.126-ssec.4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n- (a) the person’s reasonable living expenses and reasonable business expenses;\n- (b) the reasonable living expenses of any of the person’s dependants;\n- (c) a stated debt incurred in good faith by the person.\n- (a) the person can not meet the expense or debt out of property that is not restrained under the order; and\n- (b) the property from which the expenses or debt are to be paid is not tainted property and is not available substitute property.\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.","sortOrder":279},{"sectionNumber":"sec.127","sectionType":"section","heading":"Restraining order may direct public trustee to take control of property","content":"### sec.127 Restraining order may direct public trustee to take control of property\n\nIf the Supreme Court considers the circumstances require it, the court may, in a restraining order or a later order, direct the public trustee to take control of some or all of the property restrained under the order.","sortOrder":280},{"sectionNumber":"sec.128","sectionType":"section","heading":"Duration of restraining order","content":"### sec.128 Duration of restraining order\n\nA restraining order made on an application made without notice to the person to whom it relates is in force for the period, of not more than 7 days, stated in the order or, if no period is stated, 7 days after it is made.\nHowever, a restraining order made on the basis of the proposed charging of the prescribed respondent with a confiscation offence lapses if the person is not charged with the offence or a related offence within 48 hours after the order is made.\nOtherwise, a restraining order is in force for the period stated in the order or, if no period is stated, for 1 year after it is made.\n(sec.128-ssec.1) A restraining order made on an application made without notice to the person to whom it relates is in force for the period, of not more than 7 days, stated in the order or, if no period is stated, 7 days after it is made.\n(sec.128-ssec.2) However, a restraining order made on the basis of the proposed charging of the prescribed respondent with a confiscation offence lapses if the person is not charged with the offence or a related offence within 48 hours after the order is made.\n(sec.128-ssec.3) Otherwise, a restraining order is in force for the period stated in the order or, if no period is stated, for 1 year after it is made.","sortOrder":281},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Making other orders","content":"## Making other orders","sortOrder":282},{"sectionNumber":"sec.129","sectionType":"section","heading":"Supreme Court may make other orders","content":"### sec.129 Supreme Court may make other orders\n\nThe Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 130 and 130A .\nHowever, section 130 (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\nThe court may make an order under this section—\nwhen making the restraining order or, on application, at a later time; and\nwhether or not it affects a person whose property is restrained under the restraining order.\nAny of the following may apply for an order, other than an investigation order, under this section—\nthe State;\nthe prescribed respondent;\na person whose property is restrained under the restraining order;\nif the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.\nAnother person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\nAn applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\nAn applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\nThe State may apply for an investigation order.\nThe State must give notice of an application under subsection (8) to the person to whom the order is to be directed.\nSubsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\nAlso, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 129A (2) .\ns 129 amd 2009 No. 2 s 35\n(sec.129-ssec.1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 130 and 130A .\n(sec.129-ssec.2) However, section 130 (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n(sec.129-ssec.3) The court may make an order under this section— when making the restraining order or, on application, at a later time; and whether or not it affects a person whose property is restrained under the restraining order.\n(sec.129-ssec.4) Any of the following may apply for an order, other than an investigation order, under this section— the State; the prescribed respondent; a person whose property is restrained under the restraining order; if the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.\n(sec.129-ssec.5) Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.\n(sec.129-ssec.6) An applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.\n(sec.129-ssec.7) An applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.\n(sec.129-ssec.8) The State may apply for an investigation order.\n(sec.129-ssec.9) The State must give notice of an application under subsection (8) to the person to whom the order is to be directed.\n(sec.129-ssec.10) Subsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.\n(sec.129-ssec.11) Also, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 129A (2) .\n- (a) the person is a party to a proceeding under this Act; or\n- (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.\n- (a) when making the restraining order or, on application, at a later time; and\n- (b) whether or not it affects a person whose property is restrained under the restraining order.\n- (a) the State;\n- (b) the prescribed respondent;\n- (c) a person whose property is restrained under the restraining order;\n- (d) if the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee.","sortOrder":283},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Hearing of application","content":"### sec.129A Hearing of application\n\nThe Supreme Court must not hear an application for an order under section 129 unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\nDespite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\nHowever, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\nA person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.\ns 129A ins 2009 No. 2 s 36\n(sec.129A-ssec.1) The Supreme Court must not hear an application for an order under section 129 unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application.\n(sec.129A-ssec.2) Despite subsection (1) , the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so.\n(sec.129A-ssec.3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate.\n(sec.129A-ssec.4) A person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application.","sortOrder":284},{"sectionNumber":"sec.130","sectionType":"section","heading":"Administration orders Supreme Court may make","content":"### sec.130 Administration orders Supreme Court may make\n\nThe court may make any of the following orders under section 129 , (each an administration order )—\nan order varying the property restrained under the restraining order;\nan order imposing additional conditions on the restraining order or varying a condition of the order;\nan order about the performance of an undertaking for the payment of damages or costs given for the restraining order;\nif the restraining order directs the public trustee to take control of the property, an order—\nregulating the way the public trustee may perform functions under the restraining order; or\ndeciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\nan order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland;\nan order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because—\nthe person is a party to a proceeding under this Act; or\nthe person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\nA person must not contravene an order made under subsection (1) (e) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 130 amd 2003 No. 55 s 47\nsub 2009 No. 2 s 37\n(sec.130-ssec.1) The court may make any of the following orders under section 129 , (each an administration order )— an order varying the property restrained under the restraining order; an order imposing additional conditions on the restraining order or varying a condition of the order; an order about the performance of an undertaking for the payment of damages or costs given for the restraining order; if the restraining order directs the public trustee to take control of the property, an order— regulating the way the public trustee may perform functions under the restraining order; or deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee; an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland; an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— the person is a party to a proceeding under this Act; or the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n(sec.130-ssec.2) A person must not contravene an order made under subsection (1) (e) . Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) an order varying the property restrained under the restraining order;\n- (b) an order imposing additional conditions on the restraining order or varying a condition of the order;\n- (c) an order about the performance of an undertaking for the payment of damages or costs given for the restraining order;\n- (d) if the restraining order directs the public trustee to take control of the property, an order— (i) regulating the way the public trustee may perform functions under the restraining order; or (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (e) an order requiring a person whose property is restrained under the restraining order to do anything necessary or convenient to bring the property within Queensland;\n- (f) an order for the payment to Legal Aid, from property restrained under the restraining order, of expenses payable by the person whose property is restrained because— (i) the person is a party to a proceeding under this Act; or (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (i) regulating the way the public trustee may perform functions under the restraining order; or\n- (ii) deciding any question about the property, including a question affecting the liabilities of the owner of the property or the functions of the public trustee;\n- (i) the person is a party to a proceeding under this Act; or\n- (ii) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.","sortOrder":285},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Investigation orders Supreme Court may make","content":"### sec.130A Investigation orders Supreme Court may make\n\nAlso, the court may make any of the following orders under section 130 (each an investigation order )—\nan order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following—\nthe affairs of any person whose property is restrained under the restraining order;\nthe nature and location of any property of a person whose property is restrained under the restraining order;\nthe nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;\nan order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\nan order ( property particulars order ) directing any of the following to give to the DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate—\na person whose property is restrained under the restraining order;\na person whose property the restrained property was at any time before the restraining order was made;\nif the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.\nSubsection (3) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\nThe examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\ns 130A prev s 130A ins 2003 No. 55 s 48\nom 2009 No. 2 s 39\npres s 130A ins 2009 No. 2 s 38\n(sec.130A-ssec.1) Also, the court may make any of the following orders under section 130 (each an investigation order )— an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— the affairs of any person whose property is restrained under the restraining order; the nature and location of any property of a person whose property is restrained under the restraining order; the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property; an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest; an order ( property particulars order ) directing any of the following to give to the DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— a person whose property is restrained under the restraining order; a person whose property the restrained property was at any time before the restraining order was made; if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.\n(sec.130A-ssec.2) Subsection (3) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.\n(sec.130A-ssec.3) The examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.\n- (a) an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— (i) the affairs of any person whose property is restrained under the restraining order; (ii) the nature and location of any property of a person whose property is restrained under the restraining order; (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;\n- (b) an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;\n- (c) an order ( property particulars order ) directing any of the following to give to the DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— (i) a person whose property is restrained under the restraining order; (ii) a person whose property the restrained property was at any time before the restraining order was made; (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.\n- (i) the affairs of any person whose property is restrained under the restraining order;\n- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;\n- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;\n- (i) a person whose property is restrained under the restraining order;\n- (ii) a person whose property the restrained property was at any time before the restraining order was made;\n- (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.","sortOrder":286},{"sectionNumber":"ch.3-pt.3-div.5","sectionType":"division","heading":"Provisions about particular orders","content":"## Provisions about particular orders","sortOrder":287},{"sectionNumber":"sec.131","sectionType":"section","heading":"Court officer’s power to conduct examinations","content":"### sec.131 Court officer’s power to conduct examinations\n\nThis section applies if a court officer conducts an examination under an examination order.\nThe court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\nHowever, the court officer may not exercise any power of the court to punish for contempt.\ns 131 sub 2009 No. 2 s 40\n(sec.131-ssec.1) This section applies if a court officer conducts an examination under an examination order.\n(sec.131-ssec.2) The court officer constitutes, and may exercise all the jurisdiction and powers of, the court.\n(sec.131-ssec.3) However, the court officer may not exercise any power of the court to punish for contempt.","sortOrder":288},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Time and place of examination","content":"### sec.131A Time and place of examination\n\nThe examination of a person must be conducted at the time and place stated in the examination order.\ns 131A ins 2004 No. 43 s 38","sortOrder":289},{"sectionNumber":"sec.131B","sectionType":"section","heading":"Examination to take place in private","content":"### sec.131B Examination to take place in private\n\nThe examination must take place in private.\nThe court or court officer may give directions about who may be present during the examination, or during a part of it.\nThese people are entitled to be present at the examination—\na lawyer of the person being examined; and\nan appropriate officer; and\na commission officer; and\na police officer; and\na lawyer representing an appropriate officer, commission officer or police officer; and\nany person who is entitled to be present because of a direction under subsection (2) .\ns 131B ins 2004 No. 43 s 38\namd 2009 No. 2 s 41\n(sec.131B-ssec.1) The examination must take place in private.\n(sec.131B-ssec.2) The court or court officer may give directions about who may be present during the examination, or during a part of it.\n(sec.131B-ssec.3) These people are entitled to be present at the examination— a lawyer of the person being examined; and an appropriate officer; and a commission officer; and a police officer; and a lawyer representing an appropriate officer, commission officer or police officer; and any person who is entitled to be present because of a direction under subsection (2) .\n- (a) a lawyer of the person being examined; and\n- (b) an appropriate officer; and\n- (c) a commission officer; and\n- (d) a police officer; and\n- (e) a lawyer representing an appropriate officer, commission officer or police officer; and\n- (f) any person who is entitled to be present because of a direction under subsection (2) .","sortOrder":290},{"sectionNumber":"sec.131C","sectionType":"section","heading":"Role of the examinee’s lawyer","content":"### sec.131C Role of the examinee’s lawyer\n\nThe lawyer of the person being examined may, at the times during the examination that the court or court officer decides—\naddress the court or court officer about matters on which the person has been examined; and\nexamine the person about matters on which the person has been examined.\ns 131C ins 2004 No. 43 s 38\namd 2009 No. 2 s 42\n- (a) address the court or court officer about matters on which the person has been examined; and\n- (b) examine the person about matters on which the person has been examined.","sortOrder":291},{"sectionNumber":"sec.131D","sectionType":"section","heading":"Recording evidence","content":"### sec.131D Recording evidence\n\nThe court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\nSubsection (1) applies despite the Recording of Evidence Act 1962 , section 5 .\nThe Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\nThe court or court officer must authenticate and sign any deposition or other recording.\nIf evidence given at an examination is recorded in a deposition, it must—\ncontain, in question and answer form, the evidence of the person examined; and\nbe transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and\nbe signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\nThe court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\ns 131D ins 2004 No. 43 s 38\namd 2009 No. 2 s 43 ; 2013 No. 3 s 61 sch 2\n(sec.131D-ssec.1) The court or court officer must ensure that, if practicable, evidence given at an examination in Queensland is recorded under the Recording of Evidence Act 1962 or recorded in another way and authenticated by the court or court officer.\n(sec.131D-ssec.1A) Subsection (1) applies despite the Recording of Evidence Act 1962 , section 5 . The Recording of Evidence Act 1962 , section 5 , requires evidence given in a legal proceeding to be recorded under that Act, subject to any direction given by the court in which, or judicial person before whom, the legal proceeding is being taken.\n(sec.131D-ssec.2) The court or court officer must authenticate and sign any deposition or other recording.\n(sec.131D-ssec.3) If evidence given at an examination is recorded in a deposition, it must— contain, in question and answer form, the evidence of the person examined; and be transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.\n(sec.131D-ssec.4) The court or court officer may impose on the person being examined the conditions (if any) that the court or court officer reasonably considers necessary to prevent improper disclosure of the record.\n- (a) contain, in question and answer form, the evidence of the person examined; and\n- (b) be transcribed and read over by or to the person in the court’s or court officer’s presence and in the presence of the parties who wish to attend; and\n- (c) be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.","sortOrder":292},{"sectionNumber":"sec.132","sectionType":"section","heading":"Privilege—examination order","content":"### sec.132 Privilege—examination order\n\nA person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that—\nanswering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\nproducing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\nanswering the question or producing the document would disclose information that is the subject of legal professional privilege.\nA statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than—\na proceeding about the false or misleading nature of the statement or disclosure; or\na proceeding on an application under this Act; or\na proceeding for the enforcement of a forfeiture order; or\nfor a document or other thing, a proceeding about a right or liability it confers.\n(sec.132-ssec.1) A person examined under an examination order is not excused from answering a question, or from producing a document or other thing, on the ground that— answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n(sec.132-ssec.2) A statement or disclosure made by a person in answer to a question asked in an examination under an examination order, or a document or other thing produced in the examination, is not admissible against the person in any civil or criminal proceeding, other than— a proceeding about the false or misleading nature of the statement or disclosure; or a proceeding on an application under this Act; or a proceeding for the enforcement of a forfeiture order; or for a document or other thing, a proceeding about a right or liability it confers.\n- (a) answering the question or producing the document may tend to incriminate the person or make the person liable to a forfeiture or penalty; or\n- (b) producing the document would be in breach of an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document; or\n- (c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.\n- (a) a proceeding about the false or misleading nature of the statement or disclosure; or\n- (b) a proceeding on an application under this Act; or\n- (c) a proceeding for the enforcement of a forfeiture order; or\n- (d) for a document or other thing, a proceeding about a right or liability it confers.","sortOrder":293},{"sectionNumber":"sec.133","sectionType":"section","heading":"Offence to contravene examination order","content":"### sec.133 Offence to contravene examination order\n\nA person who is required to attend an examination under an examination order under this part must not—\nfail to attend as required by the order, unless the person has a reasonable excuse; or\nfail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\nfail to take an oath for the purpose of the examination; or\nfail to answer a question that the person is directed to answer by the court or court officer; or\nmake a statement in the examination that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 133 amd 2009 No. 2 s 44\n- (a) fail to attend as required by the order, unless the person has a reasonable excuse; or\n- (b) fail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or\n- (c) fail to take an oath for the purpose of the examination; or\n- (d) fail to answer a question that the person is directed to answer by the court or court officer; or\n- (e) make a statement in the examination that is false or misleading in a material particular.","sortOrder":294},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Use and dissemination of examination information","content":"### sec.133A Use and dissemination of examination information\n\nThis section applies to a statement, disclosure, document or other thing mentioned in section 132 (2) ( examination information ).\nThe DPP or the commission may give the examination information to—\na corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\nan entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\nThe giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence is unaffected by—\nthe fact that the examination information was obtained because of section 132 and subject to section 131B ; or\nany duty of confidentiality owed to the person from whom the examination information was obtained; or\nthe objects of this Act or the particular purpose for which the examination information was obtained.\nIn this section—\nentity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\ns 133A ins 2009 No. 2 s 45\n(sec.133A-ssec.1) This section applies to a statement, disclosure, document or other thing mentioned in section 132 (2) ( examination information ).\n(sec.133A-ssec.2) The DPP or the commission may give the examination information to— a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n(sec.133A-ssec.3) The giving of examination information under subsection (2) , its use to obtain derived evidence or the admissibility of the derived evidence in a proceeding, including a prosecution for an offence is unaffected by— the fact that the examination information was obtained because of section 132 and subject to section 131B ; or any duty of confidentiality owed to the person from whom the examination information was obtained; or the objects of this Act or the particular purpose for which the examination information was obtained.\n(sec.133A-ssec.4) In this section— entity of the State, another State or the Commonwealth includes a law enforcement agency established under a law of the State, another State or the Commonwealth.\n- (a) a corresponding entity to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the enforcement of a corresponding law; or\n- (b) an entity of the State, another State or the Commonwealth that has a function of investigating or prosecuting offences to help the entity to obtain other evidence or other information ( derived evidence ) that may be relevant to the investigation or prosecution of an offence.\n- (a) the fact that the examination information was obtained because of section 132 and subject to section 131B ; or\n- (b) any duty of confidentiality owed to the person from whom the examination information was obtained; or\n- (c) the objects of this Act or the particular purpose for which the examination information was obtained.","sortOrder":295},{"sectionNumber":"sec.134","sectionType":"section","heading":"Privilege—property particulars order","content":"### sec.134 Privilege—property particulars order\n\nA person directed under a property particulars order to give a statement to the DPP or the public trustee is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\nIf a person gives a statement to the DPP or the public trustee under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.\n(sec.134-ssec.1) A person directed under a property particulars order to give a statement to the DPP or the public trustee is not excused from giving the statement or including particulars in the statement on the ground that the statement or particulars may tend to incriminate the person or make the person liable to a forfeiture or penalty.\n(sec.134-ssec.2) If a person gives a statement to the DPP or the public trustee under a property particulars order, the statement is not admissible against the person in any criminal proceeding other than a proceeding about the false or misleading nature of the statement.","sortOrder":296},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Offence to contravene property particulars order","content":"### sec.134A Offence to contravene property particulars order\n\nA person directed under a property particulars order to give a statement to the DPP within a stated period of time—\nmust comply with the direction unless the person has a reasonable excuse; and\nmust not make a statement that is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 134A ins 2009 No. 2 s 46\n- (a) must comply with the direction unless the person has a reasonable excuse; and\n- (b) must not make a statement that is false or misleading in a material particular.","sortOrder":297},{"sectionNumber":"ch.3-pt.3-div.6","sectionType":"division","heading":"Notice of restraining orders","content":"## Notice of restraining orders","sortOrder":298},{"sectionNumber":"sec.135","sectionType":"section","heading":"Notice of restraining order","content":"### sec.135 Notice of restraining order\n\nThis section applies if the Supreme Court—\nmakes a restraining order; or\nmakes another order under division 4 in relation to a restraining order.\nAs soon as practicable after the order is made, the DPP must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\nHowever, under subsection (2) , the DPP is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order directed to another person.\nIf the order directs the public trustee to take control of property, the DPP must give the public trustee a copy of the order.\nThe DPP must give the commissioner of the police service a copy of the order.\nA restraining order, or another order under division 4 , does not stop having effect only because a person required to be served under subsection (2) has not been served with a copy of the order.\ns 135 amd 2009 No. 2 s 47\n(sec.135-ssec.1) This section applies if the Supreme Court— makes a restraining order; or makes another order under division 4 in relation to a restraining order.\n(sec.135-ssec.2) As soon as practicable after the order is made, the DPP must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.\n(sec.135-ssec.2A) However, under subsection (2) , the DPP is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order directed to another person.\n(sec.135-ssec.3) If the order directs the public trustee to take control of property, the DPP must give the public trustee a copy of the order.\n(sec.135-ssec.4) The DPP must give the commissioner of the police service a copy of the order.\n(sec.135-ssec.5) A restraining order, or another order under division 4 , does not stop having effect only because a person required to be served under subsection (2) has not been served with a copy of the order.\n- (a) makes a restraining order; or\n- (b) makes another order under division 4 in relation to a restraining order.","sortOrder":299},{"sectionNumber":"ch.3-pt.3-div.7","sectionType":"division","heading":"Extension and setting aside of restraining orders","content":"## Extension and setting aside of restraining orders","sortOrder":300},{"sectionNumber":"sec.136","sectionType":"section","heading":"Extension of restraining order","content":"### sec.136 Extension of restraining order\n\nOn the application of the State, the Supreme Court may extend the period for which a restraining order is to remain in force.\nThe State must give notice of the application to—\nthe prescribed respondent; and\nanyone else whose property is restrained under the restraining order; and\nanyone else the applicant considers may have an interest in the restrained property.\nA person given or entitled to be given notice under subsection (2) may appear at the hearing of the application.\n(sec.136-ssec.1) On the application of the State, the Supreme Court may extend the period for which a restraining order is to remain in force.\n(sec.136-ssec.2) The State must give notice of the application to— the prescribed respondent; and anyone else whose property is restrained under the restraining order; and anyone else the applicant considers may have an interest in the restrained property.\n(sec.136-ssec.3) A person given or entitled to be given notice under subsection (2) may appear at the hearing of the application.\n- (a) the prescribed respondent; and\n- (b) anyone else whose property is restrained under the restraining order; and\n- (c) anyone else the applicant considers may have an interest in the restrained property.","sortOrder":301},{"sectionNumber":"sec.137","sectionType":"section","heading":"Restraining order may be set side","content":"### sec.137 Restraining order may be set side\n\nOn the application of a person mentioned in subsection (2) , the Supreme Court may make an order setting aside the restraining order.\nThe application may be made by—\nthe State; or\nthe prescribed respondent; or\na person whose property is restrained under the restraining order or who has an interest in the restrained property.\nThe applicant must give notice of the application to the DPP and anyone else the applicant considers has an interest in the restrained property.\nA person given or entitled to be given notice under subsection (3) may appear at the hearing of the application.\nWithout limiting subsection (1) , the court may set aside a restraining order on the application of a prescribed respondent if the prescribed respondent—\ngives security acceptable to the court for payment to satisfy any pecuniary penalty order that may be made against the prescribed respondent on the prescribed respondent’s conviction for the offence; or\ngives undertakings satisfactory to the court about the prescribed respondent’s property.\n(sec.137-ssec.1) On the application of a person mentioned in subsection (2) , the Supreme Court may make an order setting aside the restraining order.\n(sec.137-ssec.2) The application may be made by— the State; or the prescribed respondent; or a person whose property is restrained under the restraining order or who has an interest in the restrained property.\n(sec.137-ssec.3) The applicant must give notice of the application to the DPP and anyone else the applicant considers has an interest in the restrained property.\n(sec.137-ssec.4) A person given or entitled to be given notice under subsection (3) may appear at the hearing of the application.\n(sec.137-ssec.5) Without limiting subsection (1) , the court may set aside a restraining order on the application of a prescribed respondent if the prescribed respondent— gives security acceptable to the court for payment to satisfy any pecuniary penalty order that may be made against the prescribed respondent on the prescribed respondent’s conviction for the offence; or gives undertakings satisfactory to the court about the prescribed respondent’s property.\n- (a) the State; or\n- (b) the prescribed respondent; or\n- (c) a person whose property is restrained under the restraining order or who has an interest in the restrained property.\n- (a) gives security acceptable to the court for payment to satisfy any pecuniary penalty order that may be made against the prescribed respondent on the prescribed respondent’s conviction for the offence; or\n- (b) gives undertakings satisfactory to the court about the prescribed respondent’s property.","sortOrder":302},{"sectionNumber":"ch.3-pt.3-div.8","sectionType":"division","heading":"Sale of restrained property","content":"## Sale of restrained property","sortOrder":303},{"sectionNumber":"sec.138","sectionType":"section","heading":"Supreme Court may order sale of restrained property","content":"### sec.138 Supreme Court may order sale of restrained property\n\nThis section applies to restrained property under a restraining order only if the State applies to a court for a forfeiture order for the property and the application has not been decided.\nThe State may, when applying for the forfeiture order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ).\nThe forfeiture order application may have been made in another court because the prescribed respondent was convicted before that court.\nThe State must give notice of the application to each person who has an interest in the application property.\nThe Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise—\nthe application property may deteriorate or lose value before the forfeiture order application is decided; or\nthe cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.\nThe proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\n(sec.138-ssec.1) This section applies to restrained property under a restraining order only if the State applies to a court for a forfeiture order for the property and the application has not been decided.\n(sec.138-ssec.2) The State may, when applying for the forfeiture order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property ( application property ). The forfeiture order application may have been made in another court because the prescribed respondent was convicted before that court.\n(sec.138-ssec.3) The State must give notice of the application to each person who has an interest in the application property.\n(sec.138-ssec.4) The Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise— the application property may deteriorate or lose value before the forfeiture order application is decided; or the cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.\n(sec.138-ssec.5) The proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.\n- (a) the application property may deteriorate or lose value before the forfeiture order application is decided; or\n- (b) the cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.","sortOrder":304},{"sectionNumber":"ch.3-pt.3-div.9","sectionType":"division","heading":"Exclusion of particular property from restraining order","content":"## Exclusion of particular property from restraining order","sortOrder":305},{"sectionNumber":"sec.139","sectionType":"section","heading":"Supreme Court may exclude prescribed respondent’s property from restraining order","content":"### sec.139 Supreme Court may exclude prescribed respondent’s property from restraining order\n\nA prescribed respondent whose property is restrained under a restraining order may apply to the court to amend the restraining order to exclude particular property of the prescribed respondent from the order.\nThe court may exclude the prescribed respondent’s property from the order if it is satisfied—\nthe property is not tainted property and is not available substitute property; and\nthe relevant offence is not a serious criminal offence; and\na pecuniary penalty order can not be made against the prescribed respondent.\nAlso, the court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order having regard to all the circumstances, including—\na financial hardship or other result of the property remaining restrained under the order; and\nthe seriousness of the offence; and\nthe likelihood that the interest will be—\nliable to forfeiture under a forfeiture order; or\nautomatically forfeited; or\nrequired to satisfy a pecuniary penalty order.\nThe Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.\ns 139 amd 2003 No. 55 s 48A ; 2009 No. 2 s 48\n(sec.139-ssec.1) A prescribed respondent whose property is restrained under a restraining order may apply to the court to amend the restraining order to exclude particular property of the prescribed respondent from the order.\n(sec.139-ssec.2) The court may exclude the prescribed respondent’s property from the order if it is satisfied— the property is not tainted property and is not available substitute property; and the relevant offence is not a serious criminal offence; and a pecuniary penalty order can not be made against the prescribed respondent.\n(sec.139-ssec.3) Also, the court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order having regard to all the circumstances, including— a financial hardship or other result of the property remaining restrained under the order; and the seriousness of the offence; and the likelihood that the interest will be— liable to forfeiture under a forfeiture order; or automatically forfeited; or required to satisfy a pecuniary penalty order.\n(sec.139-ssec.4) The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.\n- (a) the property is not tainted property and is not available substitute property; and\n- (b) the relevant offence is not a serious criminal offence; and\n- (c) a pecuniary penalty order can not be made against the prescribed respondent.\n- (a) a financial hardship or other result of the property remaining restrained under the order; and\n- (b) the seriousness of the offence; and\n- (c) the likelihood that the interest will be— (i) liable to forfeiture under a forfeiture order; or (ii) automatically forfeited; or (iii) required to satisfy a pecuniary penalty order.\n- (i) liable to forfeiture under a forfeiture order; or\n- (ii) automatically forfeited; or\n- (iii) required to satisfy a pecuniary penalty order.\n- (i) liable to forfeiture under a forfeiture order; or\n- (ii) automatically forfeited; or\n- (iii) required to satisfy a pecuniary penalty order.","sortOrder":306},{"sectionNumber":"sec.140","sectionType":"section","heading":"Supreme Court may exclude other property from restraining order","content":"### sec.140 Supreme Court may exclude other property from restraining order\n\nA person, other than the prescribed respondent (the applicant ), whose property is restrained under a restraining order may apply to the Supreme Court to amend the order to exclude the applicant’s property from the order.\nIf the restraining order was made in relation to a serious criminal offence, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied—\nthe property is not tainted property and is not available substitute property; and\nthe property is not under the prescribed respondent’s effective control; and\nthe applicant was not in any way involved in the commission of the offence.\nIf the restraining order was made in relation to an offence that is not a serious criminal offence, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied—\nthe interest is not tainted property and is not available substitute property; and\neither—\nthe applicant’s property is not under the prescribed respondent’s effective control; or\na pecuniary penalty order can not be made against the prescribed respondent.\nAlso, the Supreme Court may exclude the applicant’s property from the restraining order if the court is satisfied—\nthe applicant was not, in any way, involved in the commission of the offence; and\nif the applicant acquired the property at the time of or after the commission, or alleged commission, of the offence, the applicant acquired the property—\nin good faith and for sufficient consideration; and\nwithout knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property in relation to the offence.\nIn addition, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied it is in the public interest to amend the order having regard to all the circumstances, including—\na financial hardship or other result of the property remaining restrained under the order; and\nthe seriousness of the offence; and\nthe likelihood that the interest will be—\nliable to forfeiture under a forfeiture order; or\nautomatically forfeited; or\nrequired to satisfy a pecuniary penalty order.\nThe Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\ns 140 amd 2003 No. 55 s 48B ; 2009 No. 2 s 49\n(sec.140-ssec.1) A person, other than the prescribed respondent (the applicant ), whose property is restrained under a restraining order may apply to the Supreme Court to amend the order to exclude the applicant’s property from the order.\n(sec.140-ssec.2) If the restraining order was made in relation to a serious criminal offence, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied— the property is not tainted property and is not available substitute property; and the property is not under the prescribed respondent’s effective control; and the applicant was not in any way involved in the commission of the offence.\n(sec.140-ssec.3) If the restraining order was made in relation to an offence that is not a serious criminal offence, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied— the interest is not tainted property and is not available substitute property; and either— the applicant’s property is not under the prescribed respondent’s effective control; or a pecuniary penalty order can not be made against the prescribed respondent.\n(sec.140-ssec.4) Also, the Supreme Court may exclude the applicant’s property from the restraining order if the court is satisfied— the applicant was not, in any way, involved in the commission of the offence; and if the applicant acquired the property at the time of or after the commission, or alleged commission, of the offence, the applicant acquired the property— in good faith and for sufficient consideration; and without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property in relation to the offence.\n(sec.140-ssec.5) In addition, the Supreme Court may exclude the applicant’s property from the order if the court is satisfied it is in the public interest to amend the order having regard to all the circumstances, including— a financial hardship or other result of the property remaining restrained under the order; and the seriousness of the offence; and the likelihood that the interest will be— liable to forfeiture under a forfeiture order; or automatically forfeited; or required to satisfy a pecuniary penalty order.\n(sec.140-ssec.6) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.\n- (a) the property is not tainted property and is not available substitute property; and\n- (b) the property is not under the prescribed respondent’s effective control; and\n- (c) the applicant was not in any way involved in the commission of the offence.\n- (a) the interest is not tainted property and is not available substitute property; and\n- (b) either— (i) the applicant’s property is not under the prescribed respondent’s effective control; or (ii) a pecuniary penalty order can not be made against the prescribed respondent.\n- (i) the applicant’s property is not under the prescribed respondent’s effective control; or\n- (ii) a pecuniary penalty order can not be made against the prescribed respondent.\n- (i) the applicant’s property is not under the prescribed respondent’s effective control; or\n- (ii) a pecuniary penalty order can not be made against the prescribed respondent.\n- (a) the applicant was not, in any way, involved in the commission of the offence; and\n- (b) if the applicant acquired the property at the time of or after the commission, or alleged commission, of the offence, the applicant acquired the property— (i) in good faith and for sufficient consideration; and (ii) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property in relation to the offence.\n- (i) in good faith and for sufficient consideration; and\n- (ii) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property in relation to the offence.\n- (i) in good faith and for sufficient consideration; and\n- (ii) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property in relation to the offence.\n- (a) a financial hardship or other result of the property remaining restrained under the order; and\n- (b) the seriousness of the offence; and\n- (c) the likelihood that the interest will be— (i) liable to forfeiture under a forfeiture order; or (ii) automatically forfeited; or (iii) required to satisfy a pecuniary penalty order.\n- (i) liable to forfeiture under a forfeiture order; or\n- (ii) automatically forfeited; or\n- (iii) required to satisfy a pecuniary penalty order.\n- (i) liable to forfeiture under a forfeiture order; or\n- (ii) automatically forfeited; or\n- (iii) required to satisfy a pecuniary penalty order.","sortOrder":307},{"sectionNumber":"sec.141","sectionType":"section","heading":"Supreme Court may declare restrained property is not subject to automatic forfeiture","content":"### sec.141 Supreme Court may declare restrained property is not subject to automatic forfeiture\n\nThis section applies only if the confiscation offence a prescribed respondent has been charged with, is about to be charged with, or has been convicted of, is a serious criminal offence.\nIf the prescribed respondent has an interest in property restrained under a restraining order, the prescribed respondent may apply to the Supreme Court for a declaration that the property is not subject to automatic forfeiture.\nThe court may make the declaration sought if it is satisfied—\nthe property was not used in, or in connection with, any illegal activity and was not derived by a person from illegal activity; and\nthe prescribed respondent’s interest in the property was lawfully acquired.\n(sec.141-ssec.1) This section applies only if the confiscation offence a prescribed respondent has been charged with, is about to be charged with, or has been convicted of, is a serious criminal offence.\n(sec.141-ssec.2) If the prescribed respondent has an interest in property restrained under a restraining order, the prescribed respondent may apply to the Supreme Court for a declaration that the property is not subject to automatic forfeiture.\n(sec.141-ssec.3) The court may make the declaration sought if it is satisfied— the property was not used in, or in connection with, any illegal activity and was not derived by a person from illegal activity; and the prescribed respondent’s interest in the property was lawfully acquired.\n- (a) the property was not used in, or in connection with, any illegal activity and was not derived by a person from illegal activity; and\n- (b) the prescribed respondent’s interest in the property was lawfully acquired.","sortOrder":308},{"sectionNumber":"ch.3-pt.3-div.10","sectionType":"division","heading":"Other provisions about restraining orders","content":"## Other provisions about restraining orders","sortOrder":309},{"sectionNumber":"sec.142","sectionType":"section","heading":"Restraining order to be registered","content":"### sec.142 Restraining order to be registered\n\nThis section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\nOn the application of the DPP, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\nSubsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\nUnless the contrary is proved, a person who deals with property affected by a registered restraining order is taken to know of the restraining order.\nIf the Land Title Act 1994 applies to the property, the DPP may lodge, and the registrar of titles must register, a caveat over the property under that Act.\nAs soon as practicable after the relevant restraining order stops having effect in relation to the property—\nthe DPP must apply for cancellation of the record of the order; and\nthe authority responsible for administering the relevant law must take the steps necessary to cancel the record.\nAlso, if the DPP lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the DPP must withdraw the caveat.\n(sec.142-ssec.1) This section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.\n(sec.142-ssec.2) On the application of the DPP, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.\n(sec.142-ssec.3) Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.\n(sec.142-ssec.4) Unless the contrary is proved, a person who deals with property affected by a registered restraining order is taken to know of the restraining order.\n(sec.142-ssec.5) If the Land Title Act 1994 applies to the property, the DPP may lodge, and the registrar of titles must register, a caveat over the property under that Act.\n(sec.142-ssec.6) As soon as practicable after the relevant restraining order stops having effect in relation to the property— the DPP must apply for cancellation of the record of the order; and the authority responsible for administering the relevant law must take the steps necessary to cancel the record.\n(sec.142-ssec.7) Also, if the DPP lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the DPP must withdraw the caveat.\n- (a) the DPP must apply for cancellation of the record of the order; and\n- (b) the authority responsible for administering the relevant law must take the steps necessary to cancel the record.","sortOrder":310},{"sectionNumber":"sec.143","sectionType":"section","heading":"Contravention of restraining order","content":"### sec.143 Contravention of restraining order\n\nA person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the restrained property is—\na motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 .\nSee section 142 (5) for the obligation of the registrar of titles to register the caveat.\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\ns 143 amd 2010 No. 44 s 172 ; 2013 No. 21 s 46\nsub 2017 No. 6 s 19\n(sec.143-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to restrained property in contravention of a restraining order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or 7 years imprisonment.\n(sec.143-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was restrained under a restraining order and no reason to suspect it was.\n(sec.143-ssec.3) However, the defence under subsection (2) is not available to the extent the restrained property is— a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . See section 142 (5) for the obligation of the registrar of titles to register the caveat.\n(sec.143-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.143-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.143-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.\n- (a) for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the restraining order is registered under the Land Title Act 1994 . Note— See section 142 (5) for the obligation of the registrar of titles to register the caveat.\n- (a) did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":311},{"sectionNumber":"sec.144","sectionType":"section","heading":"Restraining order does not prevent other action under this Act","content":"### sec.144 Restraining order does not prevent other action under this Act\n\nA restraining order does not prevent the enforcement of any other order made under this Act against restrained property under a restraining order.","sortOrder":312},{"sectionNumber":"sec.145","sectionType":"section","heading":"Authority under restraining order","content":"### sec.145 Authority under restraining order\n\nA restraining order is sufficient authority for a person to whom the order is directed to take all steps necessary or desirable to give effect to the order.","sortOrder":313},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Forfeiture orders","content":"# Forfeiture orders","sortOrder":314},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Applications for forfeiture orders","content":"## Applications for forfeiture orders","sortOrder":315},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application for forfeiture order","content":"### sec.146 Application for forfeiture order\n\nThis section applies if a person is convicted of a confiscation offence.\nThe State may apply to the Supreme Court or the court before which the person is convicted for an order ( forfeiture order ) forfeiting particular property to the State.\nThe application may include particulars of any encumbrance over the restrained property that an appropriate officer considers an encumbrancee took in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business.\nUnless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .\nIf the application has been finally decided on the merits, the State may apply to a court under subsection (2) for a further forfeiture order against property relying on a person’s conviction of the confiscation offence to which the previous application relates only with the Supreme Court’s leave.\nThe Supreme Court may give leave under subsection (5) only if it is satisfied—\nthe property to which the new application relates was identified only after the first application was finally decided; or\nnecessary evidence became available only after the first application was finally decided; or\nit is otherwise in the interests of justice to give the leave.\n(sec.146-ssec.1) This section applies if a person is convicted of a confiscation offence.\n(sec.146-ssec.2) The State may apply to the Supreme Court or the court before which the person is convicted for an order ( forfeiture order ) forfeiting particular property to the State.\n(sec.146-ssec.3) The application may include particulars of any encumbrance over the restrained property that an appropriate officer considers an encumbrancee took in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business.\n(sec.146-ssec.4) Unless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .\n(sec.146-ssec.5) If the application has been finally decided on the merits, the State may apply to a court under subsection (2) for a further forfeiture order against property relying on a person’s conviction of the confiscation offence to which the previous application relates only with the Supreme Court’s leave.\n(sec.146-ssec.6) The Supreme Court may give leave under subsection (5) only if it is satisfied— the property to which the new application relates was identified only after the first application was finally decided; or necessary evidence became available only after the first application was finally decided; or it is otherwise in the interests of justice to give the leave.\n- (a) the property to which the new application relates was identified only after the first application was finally decided; or\n- (b) necessary evidence became available only after the first application was finally decided; or\n- (c) it is otherwise in the interests of justice to give the leave.","sortOrder":316},{"sectionNumber":"sec.147","sectionType":"section","heading":"Notice of application","content":"### sec.147 Notice of application\n\nThe State must give written notice of the application for the forfeiture order to the person whose conviction is the basis for the application and anyone else the appropriate officer making the application for the State considers has an interest in the property to which the application relates.\nA person given notice under subsection (1) may appear at the hearing of the application.\nAnyone else who claims an interest in the property may also appear at the hearing of the application.\nThe absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order.\n(sec.147-ssec.1) The State must give written notice of the application for the forfeiture order to the person whose conviction is the basis for the application and anyone else the appropriate officer making the application for the State considers has an interest in the property to which the application relates.\n(sec.147-ssec.2) A person given notice under subsection (1) may appear at the hearing of the application.\n(sec.147-ssec.3) Anyone else who claims an interest in the property may also appear at the hearing of the application.\n(sec.147-ssec.4) The absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order.","sortOrder":317},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Making and effect of forfeiture orders","content":"## Making and effect of forfeiture orders","sortOrder":318},{"sectionNumber":"sec.148","sectionType":"section","heading":"Amendment of application","content":"### sec.148 Amendment of application\n\nA court hearing an application for a forfeiture order may amend the application at the request, or with the agreement, of the State.\nIf the State applies for an amendment of an application for a forfeiture order and the proposed amendment would have the effect of including additional property in the application for the forfeiture order, the State must give written notice of the application for the amendment to—\nthe person whose conviction is the basis for the application for the forfeiture order; and\nanyone else the appropriate officer making the application for the State considers may have an interest in property proposed to be included in the application for the forfeiture order.\nA person given notice under subsection (2) and anyone else who claims to have an interest in the additional property may appear at the hearing of the application to amend.\nThe court may amend an application under this section to include additional property in the application only if the court is satisfied—\nthe property was not reasonably capable of identification when the application was originally made; or\nnecessary evidence became available only after the application was originally made.\n(sec.148-ssec.1) A court hearing an application for a forfeiture order may amend the application at the request, or with the agreement, of the State.\n(sec.148-ssec.2) If the State applies for an amendment of an application for a forfeiture order and the proposed amendment would have the effect of including additional property in the application for the forfeiture order, the State must give written notice of the application for the amendment to— the person whose conviction is the basis for the application for the forfeiture order; and anyone else the appropriate officer making the application for the State considers may have an interest in property proposed to be included in the application for the forfeiture order.\n(sec.148-ssec.3) A person given notice under subsection (2) and anyone else who claims to have an interest in the additional property may appear at the hearing of the application to amend.\n(sec.148-ssec.4) The court may amend an application under this section to include additional property in the application only if the court is satisfied— the property was not reasonably capable of identification when the application was originally made; or necessary evidence became available only after the application was originally made.\n- (a) the person whose conviction is the basis for the application for the forfeiture order; and\n- (b) anyone else the appropriate officer making the application for the State considers may have an interest in property proposed to be included in the application for the forfeiture order.\n- (a) the property was not reasonably capable of identification when the application was originally made; or\n- (b) necessary evidence became available only after the application was originally made.","sortOrder":319},{"sectionNumber":"sec.149","sectionType":"section","heading":"Procedure on application","content":"### sec.149 Procedure on application\n\nIn deciding an application for a forfeiture order, the court must have regard to the evidence given in any proceeding against the person for the confiscation offence on which the application is based.\nIf—\nthe application is made to the court before which the person is convicted; and\nwhen the application is made, the court has not passed sentence on the person for the confiscation offence;\nthe court may defer passing sentence until it has decided the application.\nIf a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.\n(sec.149-ssec.1) In deciding an application for a forfeiture order, the court must have regard to the evidence given in any proceeding against the person for the confiscation offence on which the application is based.\n(sec.149-ssec.2) If— the application is made to the court before which the person is convicted; and when the application is made, the court has not passed sentence on the person for the confiscation offence; the court may defer passing sentence until it has decided the application.\n(sec.149-ssec.3) If a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.\n- (a) the application is made to the court before which the person is convicted; and\n- (b) when the application is made, the court has not passed sentence on the person for the confiscation offence;","sortOrder":320},{"sectionNumber":"sec.150","sectionType":"section","heading":"Limitation on powers of Magistrates Courts","content":"### sec.150 Limitation on powers of Magistrates Courts\n\nA Magistrates Court may make a forfeiture order because of a conviction for an offence only if it is satisfied the total value of the property to be forfeited under the order and all other property forfeited under other undischarged forfeiture orders made by the court because of the conviction is not more than the limit of a Magistrates Court’s civil jurisdiction.\nA Magistrates Court may make a forfeiture order for real property only as permitted under a regulation.\nFor this section, the value of property is its value as decided by the court.\nIn this section—\nMagistrates Court , other than in relation to the limit of the court’s civil jurisdiction, includes the Childrens Court constituted by a magistrate.\n(sec.150-ssec.1) A Magistrates Court may make a forfeiture order because of a conviction for an offence only if it is satisfied the total value of the property to be forfeited under the order and all other property forfeited under other undischarged forfeiture orders made by the court because of the conviction is not more than the limit of a Magistrates Court’s civil jurisdiction.\n(sec.150-ssec.2) A Magistrates Court may make a forfeiture order for real property only as permitted under a regulation.\n(sec.150-ssec.3) For this section, the value of property is its value as decided by the court.\n(sec.150-ssec.4) In this section— Magistrates Court , other than in relation to the limit of the court’s civil jurisdiction, includes the Childrens Court constituted by a magistrate.","sortOrder":321},{"sectionNumber":"sec.151","sectionType":"section","heading":"Making forfeiture order","content":"### sec.151 Making forfeiture order\n\nThe court may make a forfeiture order in relation to particular property if—\na person is convicted of a confiscation offence; and\nthe conviction is the basis for the application for the forfeiture order against the property; and\nthe court is satisfied the property, or an interest in the property, is tainted property; and\nthe court, having regard to subsection (2) , considers it appropriate to make the order.\nFor subsection (1) (d) , the court may have regard to—\nany hardship that may reasonably be expected to be caused to anyone by the order; and\nthe use that is ordinarily made, or was intended to be made, of the property; and\nthe seriousness of the offence concerned; and\nanything else the court considers appropriate.\nThe court must presume that particular property is tainted property if—\nat the hearing of the application, evidence is presented that the property was in the person’s possession at the time of, or immediately after, the commission of the offence concerned; and\nno evidence is presented tending to show that the property is not tainted property.\n(sec.151-ssec.1) The court may make a forfeiture order in relation to particular property if— a person is convicted of a confiscation offence; and the conviction is the basis for the application for the forfeiture order against the property; and the court is satisfied the property, or an interest in the property, is tainted property; and the court, having regard to subsection (2) , considers it appropriate to make the order.\n(sec.151-ssec.2) For subsection (1) (d) , the court may have regard to— any hardship that may reasonably be expected to be caused to anyone by the order; and the use that is ordinarily made, or was intended to be made, of the property; and the seriousness of the offence concerned; and anything else the court considers appropriate.\n(sec.151-ssec.3) The court must presume that particular property is tainted property if— at the hearing of the application, evidence is presented that the property was in the person’s possession at the time of, or immediately after, the commission of the offence concerned; and no evidence is presented tending to show that the property is not tainted property.\n- (a) a person is convicted of a confiscation offence; and\n- (b) the conviction is the basis for the application for the forfeiture order against the property; and\n- (c) the court is satisfied the property, or an interest in the property, is tainted property; and\n- (d) the court, having regard to subsection (2) , considers it appropriate to make the order.\n- (a) any hardship that may reasonably be expected to be caused to anyone by the order; and\n- (b) the use that is ordinarily made, or was intended to be made, of the property; and\n- (c) the seriousness of the offence concerned; and\n- (d) anything else the court considers appropriate.\n- (a) at the hearing of the application, evidence is presented that the property was in the person’s possession at the time of, or immediately after, the commission of the offence concerned; and\n- (b) no evidence is presented tending to show that the property is not tainted property.","sortOrder":322},{"sectionNumber":"sec.152","sectionType":"section","heading":"Forfeiture order may provide for discharge of encumbrance","content":"### sec.152 Forfeiture order may provide for discharge of encumbrance\n\nIf—\nthe court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and\nthe State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;\nthe court may make the orders about the encumbrance the court considers appropriate.\nThe DPP may give the undertaking for the State.\n(sec.152-ssec.1) If— the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance; the court may make the orders about the encumbrance the court considers appropriate.\n(sec.152-ssec.2) The DPP may give the undertaking for the State.\n- (a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and\n- (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;","sortOrder":323},{"sectionNumber":"sec.153","sectionType":"section","heading":"Effect of forfeiture","content":"### sec.153 Effect of forfeiture\n\nOn the making of a forfeiture order, the property the subject of the order—\nis forfeited to the State; and\nvests absolutely in the State.\nUnder section 213 , the State may not dispose of forfeited property during the appeal period as defined in that section.\nSubsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\nThe court that makes the forfeiture order may give any necessary or convenient directions for giving effect to the forfeiture.\nIf the person forfeiting the property is in possession of the forfeited property, the court may give directions about who is to have possession of the property.\n(sec.153-ssec.1) On the making of a forfeiture order, the property the subject of the order— is forfeited to the State; and vests absolutely in the State. Under section 213 , the State may not dispose of forfeited property during the appeal period as defined in that section.\n(sec.153-ssec.2) Subsection (1) (b) is subject to the provisions of this Act under which the Supreme Court may make orders about the property vested or to be vested in the State.\n(sec.153-ssec.3) The court that makes the forfeiture order may give any necessary or convenient directions for giving effect to the forfeiture. If the person forfeiting the property is in possession of the forfeited property, the court may give directions about who is to have possession of the property.\n- (a) is forfeited to the State; and\n- (b) vests absolutely in the State.","sortOrder":324},{"sectionNumber":"ch.3-pt.4-div.2A","sectionType":"division","heading":"Tainted property substitution declaration","content":"## Tainted property substitution declaration","sortOrder":325},{"sectionNumber":"sec.153A","sectionType":"section","heading":"Definitions for div 2A","content":"### sec.153A Definitions for div 2A\n\nIn this division—\napplicant means a person who may apply for—\na forfeiture order; or\na restraining order for the purposes of forfeiture.\nconvicted person means a person convicted of a confiscation offence.\nprescribed respondent see section 116 .\nunavailable property means property that is not available for forfeiture.\ns 153A ins 2009 No. 2 s 50\n- (a) a forfeiture order; or\n- (b) a restraining order for the purposes of forfeiture.","sortOrder":326},{"sectionNumber":"sec.153B","sectionType":"section","heading":"References to property that is not available for forfeiture","content":"### sec.153B References to property that is not available for forfeiture\n\nFor this division, property is not available for forfeiture if the convicted person does not have an interest in the property.\ns 153B ins 2009 No. 2 s 50","sortOrder":327},{"sectionNumber":"sec.153C","sectionType":"section","heading":"Application for tainted property substitution declaration","content":"### sec.153C Application for tainted property substitution declaration\n\nIf a person is convicted of a confiscation offence, the State may apply for a tainted property substitution declaration to the Supreme Court or the court before which the convicted person is convicted.\nThe application under subsection (1) must—\nbe made in conjunction with an application for a forfeiture order; and\nstate the details of property that the convicted person used or intended to use in, or in connection with, the commission of the confiscation offence; and\nstate the details of property that is to be substituted for the property mentioned in paragraph (b) that—\nis property in which the person had an interest at the time the confiscation offence was committed; and\nis of the same nature or description as the property mentioned in paragraph (b) .\nA person is convicted of a confiscation offence involving growing cannabis in a rented home unit. The prosecution may apply to the court for a declaration that a home unit owned by the person is tainted property even though the rented home unit and the defendant’s home unit are not of equal value.\ns 153C ins 2009 No. 2 s 50\n(sec.153C-ssec.1) If a person is convicted of a confiscation offence, the State may apply for a tainted property substitution declaration to the Supreme Court or the court before which the convicted person is convicted.\n(sec.153C-ssec.2) The application under subsection (1) must— be made in conjunction with an application for a forfeiture order; and state the details of property that the convicted person used or intended to use in, or in connection with, the commission of the confiscation offence; and state the details of property that is to be substituted for the property mentioned in paragraph (b) that— is property in which the person had an interest at the time the confiscation offence was committed; and is of the same nature or description as the property mentioned in paragraph (b) . A person is convicted of a confiscation offence involving growing cannabis in a rented home unit. The prosecution may apply to the court for a declaration that a home unit owned by the person is tainted property even though the rented home unit and the defendant’s home unit are not of equal value.\n- (a) be made in conjunction with an application for a forfeiture order; and\n- (b) state the details of property that the convicted person used or intended to use in, or in connection with, the commission of the confiscation offence; and\n- (c) state the details of property that is to be substituted for the property mentioned in paragraph (b) that— (i) is property in which the person had an interest at the time the confiscation offence was committed; and (ii) is of the same nature or description as the property mentioned in paragraph (b) . Example— A person is convicted of a confiscation offence involving growing cannabis in a rented home unit. The prosecution may apply to the court for a declaration that a home unit owned by the person is tainted property even though the rented home unit and the defendant’s home unit are not of equal value.\n- (i) is property in which the person had an interest at the time the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (b) .\n- (i) is property in which the person had an interest at the time the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (b) .","sortOrder":328},{"sectionNumber":"sec.153D","sectionType":"section","heading":"Court may make tainted property substitution declaration","content":"### sec.153D Court may make tainted property substitution declaration\n\nSubject to subsection (2) , a court may make a tainted property substitution declaration if the court is satisfied—\nthat the convicted person used, or intended to use, particular property in, or in connection with, the commission of the confiscation offence; and\nthat the property mentioned in paragraph (a) is unavailable property; and\nthat the property that is to be substituted for the property mentioned in paragraph (a) —\nis property in which the convicted person had an interest at the time that the confiscation offence was committed; and\nis of the same nature or description as the property mentioned in paragraph (a) .\nThe court may make a tainted property substitution declaration whether or not the value of the unavailable property is equal to the value of the property that is to be substituted for the unavailable property.\nIf the court makes a tainted property substitution declaration for property, the property—\nis substituted for the unavailable property; and\nis taken to be tainted property for this chapter.\ns 153D ins 2009 No. 2 s 50\n(sec.153D-ssec.1) Subject to subsection (2) , a court may make a tainted property substitution declaration if the court is satisfied— that the convicted person used, or intended to use, particular property in, or in connection with, the commission of the confiscation offence; and that the property mentioned in paragraph (a) is unavailable property; and that the property that is to be substituted for the property mentioned in paragraph (a) — is property in which the convicted person had an interest at the time that the confiscation offence was committed; and is of the same nature or description as the property mentioned in paragraph (a) .\n(sec.153D-ssec.2) The court may make a tainted property substitution declaration whether or not the value of the unavailable property is equal to the value of the property that is to be substituted for the unavailable property.\n(sec.153D-ssec.3) If the court makes a tainted property substitution declaration for property, the property— is substituted for the unavailable property; and is taken to be tainted property for this chapter.\n- (a) that the convicted person used, or intended to use, particular property in, or in connection with, the commission of the confiscation offence; and\n- (b) that the property mentioned in paragraph (a) is unavailable property; and\n- (c) that the property that is to be substituted for the property mentioned in paragraph (a) — (i) is property in which the convicted person had an interest at the time that the confiscation offence was committed; and (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (i) is property in which the convicted person had an interest at the time that the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (i) is property in which the convicted person had an interest at the time that the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (a) is substituted for the unavailable property; and\n- (b) is taken to be tainted property for this chapter.","sortOrder":329},{"sectionNumber":"sec.153E","sectionType":"section","heading":"Restraining order for property that may become subject to a tainted property substitution declaration","content":"### sec.153E Restraining order for property that may become subject to a tainted property substitution declaration\n\nThe State may apply under section 117 for a restraining order for available substitute property.\nThe application under subsection (1) must—\nstate the details of property that the prescribed respondent used or intended to use in, or in connection with, the commission of the confiscation offence; and\nstate the details of the property that may be substituted for the property mentioned in paragraph (a) under a tainted property substitution order that—\nis property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and\nis of the same nature or description as the property mentioned in paragraph (a) .\nFor subsection (1) , chapter 3 , part 3 and any other provisions of this Act that relate to the operation of that part apply with necessary changes and changes prescribed by this section.\nFor subsection (3) —\nsection 126 does not apply; and\nfor section 118 (b) (i) , the affidavit of the police officer must state instead—\nthe police officer suspects that—\nstated property of the prescribed respondent is tainted property; and\nother stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\nthe reason for the suspicion; and\nfor section 119 (3) (a) , the affidavit of the police officer must state instead—\nthe police officer suspects that—\nstated property of the other person is tainted property; and\nother stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\nthe reason for the suspicion; and\nfor section 119 (4) (a) , the affidavit of the police officer must state instead—\nthe police officer suspects that—\nstated property of the other person is tainted property; and\nother stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\nthe reason for the suspicion; and\nfor section 130A (1) (a) (iii) , the reference to tainted property is taken to be a reference to available substitute property; and\nfor section 139 (2) (a) , the court must instead be satisfied that either—\nthe prescribed respondent’s property is not available substitute property; or\nthe property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and\nfor section 140 (2) (a) and section 140 (3) (a) , the court must instead be satisfied that either—\nthe prescribed respondent’s property is not available substitute property; or\nthe property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.\ns 153E ins 2009 No. 2 s 50\n(sec.153E-ssec.1) The State may apply under section 117 for a restraining order for available substitute property.\n(sec.153E-ssec.2) The application under subsection (1) must— state the details of property that the prescribed respondent used or intended to use in, or in connection with, the commission of the confiscation offence; and state the details of the property that may be substituted for the property mentioned in paragraph (a) under a tainted property substitution order that— is property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and is of the same nature or description as the property mentioned in paragraph (a) .\n(sec.153E-ssec.3) For subsection (1) , chapter 3 , part 3 and any other provisions of this Act that relate to the operation of that part apply with necessary changes and changes prescribed by this section.\n(sec.153E-ssec.4) For subsection (3) — section 126 does not apply; and for section 118 (b) (i) , the affidavit of the police officer must state instead— the police officer suspects that— stated property of the prescribed respondent is tainted property; and other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and the reason for the suspicion; and for section 119 (3) (a) , the affidavit of the police officer must state instead— the police officer suspects that— stated property of the other person is tainted property; and other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and the reason for the suspicion; and for section 119 (4) (a) , the affidavit of the police officer must state instead— the police officer suspects that— stated property of the other person is tainted property; and other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and the reason for the suspicion; and for section 130A (1) (a) (iii) , the reference to tainted property is taken to be a reference to available substitute property; and for section 139 (2) (a) , the court must instead be satisfied that either— the prescribed respondent’s property is not available substitute property; or the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and for section 140 (2) (a) and section 140 (3) (a) , the court must instead be satisfied that either— the prescribed respondent’s property is not available substitute property; or the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.\n- (a) state the details of property that the prescribed respondent used or intended to use in, or in connection with, the commission of the confiscation offence; and\n- (b) state the details of the property that may be substituted for the property mentioned in paragraph (a) under a tainted property substitution order that— (i) is property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (i) is property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (i) is property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and\n- (ii) is of the same nature or description as the property mentioned in paragraph (a) .\n- (a) section 126 does not apply; and\n- (b) for section 118 (b) (i) , the affidavit of the police officer must state instead— (i) the police officer suspects that— (A) stated property of the prescribed respondent is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and (ii) the reason for the suspicion; and\n- (i) the police officer suspects that— (A) stated property of the prescribed respondent is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the prescribed respondent is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (c) for section 119 (3) (a) , the affidavit of the police officer must state instead— (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and (ii) the reason for the suspicion; and\n- (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (d) for section 119 (4) (a) , the affidavit of the police officer must state instead— (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and (ii) the reason for the suspicion; and\n- (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (e) for section 130A (1) (a) (iii) , the reference to tainted property is taken to be a reference to available substitute property; and\n- (f) for section 139 (2) (a) , the court must instead be satisfied that either— (i) the prescribed respondent’s property is not available substitute property; or (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and\n- (i) the prescribed respondent’s property is not available substitute property; or\n- (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and\n- (g) for section 140 (2) (a) and section 140 (3) (a) , the court must instead be satisfied that either— (i) the prescribed respondent’s property is not available substitute property; or (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.\n- (i) the prescribed respondent’s property is not available substitute property; or\n- (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.\n- (i) the police officer suspects that— (A) stated property of the prescribed respondent is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the prescribed respondent is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (A) stated property of the prescribed respondent is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (i) the police officer suspects that— (A) stated property of the other person is tainted property; and (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (ii) the reason for the suspicion; and\n- (A) stated property of the other person is tainted property; and\n- (B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and\n- (i) the prescribed respondent’s property is not available substitute property; or\n- (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and\n- (i) the prescribed respondent’s property is not available substitute property; or\n- (ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.","sortOrder":330},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Orders releasing or excluding property from effect of particular orders","content":"## Orders releasing or excluding property from effect of particular orders","sortOrder":331},{"sectionNumber":"sec.154","sectionType":"section","heading":"Order for release of property from forfeiture order","content":"### sec.154 Order for release of property from forfeiture order\n\nA court that makes a forfeiture order may make an order under this section ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.\nThe order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.\nThe court may make the order only if it is satisfied—\nthe interest is still vested in the State; and\nit would not be against the public interest for the interest to be transferred to the person; and\nthere is no other reason the interest should not be transferred to the person.\n(sec.154-ssec.1) A court that makes a forfeiture order may make an order under this section ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.\n(sec.154-ssec.2) The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.\n(sec.154-ssec.3) The court may make the order only if it is satisfied— the interest is still vested in the State; and it would not be against the public interest for the interest to be transferred to the person; and there is no other reason the interest should not be transferred to the person.\n- (a) the interest is still vested in the State; and\n- (b) it would not be against the public interest for the interest to be transferred to the person; and\n- (c) there is no other reason the interest should not be transferred to the person.","sortOrder":332},{"sectionNumber":"sec.155","sectionType":"section","heading":"Exclusion of property from forfeiture order application","content":"### sec.155 Exclusion of property from forfeiture order application\n\nA person, other than a person whose conviction is the basis for the application for the forfeiture order, who claims an interest in property included in an application for a forfeiture order may apply to the court to which the application for the forfeiture order is made for an innocent interest exclusion order.\nThe applicant must give the DPP notice of the making of the application.\nThe State must be a party to the application represented by the DPP.\ns 155 amd 2003 No. 77 s 53\n(sec.155-ssec.1) A person, other than a person whose conviction is the basis for the application for the forfeiture order, who claims an interest in property included in an application for a forfeiture order may apply to the court to which the application for the forfeiture order is made for an innocent interest exclusion order.\n(sec.155-ssec.2) The applicant must give the DPP notice of the making of the application.\n(sec.155-ssec.3) The State must be a party to the application represented by the DPP.","sortOrder":333},{"sectionNumber":"sec.156","sectionType":"section","heading":"Exclusion of property from forfeiture order","content":"### sec.156 Exclusion of property from forfeiture order\n\nA person, other than a person whose conviction is the basis for the application for the forfeiture order or the forfeiture order, who claims an interest in property forfeited under a forfeiture order may apply to the court that made the forfeiture order for an innocent interest exclusion order.\nUnless the court gives leave under section 157 —\nthe application must be made before the end of the 6 months starting on the day the forfeiture order was made; and\nthe following persons can not apply under this section for an innocent interest exclusion order—\na person who was given notice of the application for the forfeiture order;\na person who appeared at the hearing of the application for the forfeiture order.\nThe applicant must give the DPP notice of the making of the application, including an application for leave.\nThe State must be a party to the application represented by the DPP.\n(sec.156-ssec.1) A person, other than a person whose conviction is the basis for the application for the forfeiture order or the forfeiture order, who claims an interest in property forfeited under a forfeiture order may apply to the court that made the forfeiture order for an innocent interest exclusion order.\n(sec.156-ssec.2) Unless the court gives leave under section 157 — the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and the following persons can not apply under this section for an innocent interest exclusion order— a person who was given notice of the application for the forfeiture order; a person who appeared at the hearing of the application for the forfeiture order.\n(sec.156-ssec.3) The applicant must give the DPP notice of the making of the application, including an application for leave.\n(sec.156-ssec.4) The State must be a party to the application represented by the DPP.\n- (a) the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and\n- (b) the following persons can not apply under this section for an innocent interest exclusion order— (i) a person who was given notice of the application for the forfeiture order; (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.\n- (i) a person who was given notice of the application for the forfeiture order;\n- (ii) a person who appeared at the hearing of the application for the forfeiture order.","sortOrder":334},{"sectionNumber":"sec.157","sectionType":"section","heading":"When court may give leave for s 156","content":"### sec.157 When court may give leave for s 156\n\nThe court may give leave to apply for an innocent interest exclusion order after the end of the 6 months mentioned in section 156 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\nAlso, the court may give a person mentioned in section 156 (2) (b) leave to apply for an innocent interest exclusion order only if it is satisfied there are special grounds, including, for example—\nfor a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\nparticular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n(sec.157-ssec.1) The court may give leave to apply for an innocent interest exclusion order after the end of the 6 months mentioned in section 156 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\n(sec.157-ssec.2) Also, the court may give a person mentioned in section 156 (2) (b) leave to apply for an innocent interest exclusion order only if it is satisfied there are special grounds, including, for example— for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.\n- (a) for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or\n- (b) particular evidence proposed to be presented by the person in the application was not available to the person when the application for the forfeiture order was heard.","sortOrder":335},{"sectionNumber":"sec.158","sectionType":"section","heading":"Making of innocent interest exclusion order","content":"### sec.158 Making of innocent interest exclusion order\n\nThe Supreme Court, on an application under section 155 or 156 , may make an innocent interest exclusion order.\nThe court must, and may only, make an innocent interest exclusion order if it is satisfied—\nthe applicant has or, apart from the forfeiture, would have, an interest in the property; and\nthe applicant was not, in any way, involved in the commission of a relevant confiscation offence; and\nthe applicant acquired the interest—\nin good faith and for sufficient consideration; and\nif the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.\ns 158 amd 2003 No. 77 s 54 ; 2009 No. 2 s 51\n(sec.158-ssec.1) The Supreme Court, on an application under section 155 or 156 , may make an innocent interest exclusion order.\n(sec.158-ssec.2) The court must, and may only, make an innocent interest exclusion order if it is satisfied— the applicant has or, apart from the forfeiture, would have, an interest in the property; and the applicant was not, in any way, involved in the commission of a relevant confiscation offence; and the applicant acquired the interest— in good faith and for sufficient consideration; and if the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.\n- (a) the applicant has or, apart from the forfeiture, would have, an interest in the property; and\n- (b) the applicant was not, in any way, involved in the commission of a relevant confiscation offence; and\n- (c) the applicant acquired the interest— (i) in good faith and for sufficient consideration; and (ii) if the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.\n- (i) in good faith and for sufficient consideration; and\n- (ii) if the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.\n- (i) in good faith and for sufficient consideration; and\n- (ii) if the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.","sortOrder":336},{"sectionNumber":"sec.159","sectionType":"section","heading":"What is an innocent interest exclusion order","content":"### sec.159 What is an innocent interest exclusion order\n\nAn innocent interest exclusion order is an order that—\nstates the nature, extent and, if necessary for the order, the value when the order is made, of the applicant’s interest in the property; and\nif the application for the forfeiture order has not been decided, excludes the applicant’s property from the operation of any restraining order applying to the property and the application for the forfeiture order; and\nif the applicant’s property has been forfeited to the State and is still vested in the State, directs the State to transfer the property to the applicant; and\nif the applicant’s property has been forfeited to the State and is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.\ns 159 sub 2003 No. 77 s 55\n- (a) states the nature, extent and, if necessary for the order, the value when the order is made, of the applicant’s interest in the property; and\n- (b) if the application for the forfeiture order has not been decided, excludes the applicant’s property from the operation of any restraining order applying to the property and the application for the forfeiture order; and\n- (c) if the applicant’s property has been forfeited to the State and is still vested in the State, directs the State to transfer the property to the applicant; and\n- (d) if the applicant’s property has been forfeited to the State and is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.","sortOrder":337},{"sectionNumber":"ch.3-pt.4-div.4","sectionType":"division","heading":"Discharge of forfeiture orders","content":"## Discharge of forfeiture orders","sortOrder":338},{"sectionNumber":"sec.160","sectionType":"section","heading":"Discharge of forfeiture order","content":"### sec.160 Discharge of forfeiture order\n\nA forfeiture order is discharged if any of the following happens—\nthe conviction because of which the order was made is quashed;\na payment is made under a release order in relation to all of the interests in forfeited property;\nthe order is set aside under section 177 ;\nthe order is discharged on appeal.\n- (a) the conviction because of which the order was made is quashed;\n- (b) a payment is made under a release order in relation to all of the interests in forfeited property;\n- (c) the order is set aside under section 177 ;\n- (d) the order is discharged on appeal.","sortOrder":339},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Automatic forfeiture","content":"# Automatic forfeiture","sortOrder":340},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.161 Definitions for pt 5\n\nIn this part—\nforfeiture period , for a prescribed respondent, means the later of—\na period of 6 months starting on the day of the prescribed respondent’s conviction of a serious criminal offence; or\nthe 6 months mentioned in paragraph (a) as extended under section 163 ; or\nif the prescribed respondent appeals against the conviction and the appeal is not decided within the 6 months after conviction, the period ending when the appeal is finally decided.\nprescribed respondent means a person who is treated as if convicted of a serious criminal offence, other than because the person is unamenable to justice.\n- (a) a period of 6 months starting on the day of the prescribed respondent’s conviction of a serious criminal offence; or\n- (b) the 6 months mentioned in paragraph (a) as extended under section 163 ; or\n- (c) if the prescribed respondent appeals against the conviction and the appeal is not decided within the 6 months after conviction, the period ending when the appeal is finally decided.","sortOrder":341},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application of pt 5","content":"### sec.162 Application of pt 5\n\nThis part applies if—\na restraining order is, or was, granted for property, whether the property of a prescribed respondent or someone else, because of—\nthe prescribed respondent’s conviction of the serious criminal offence; or\nthe charging, or proposed charging, of the prescribed respondent with the serious criminal offence or a related serious criminal offence; and\nthe Supreme Court has not made an order declaring that the property is not subject to automatic forfeiture; and\nSee section 141 (Supreme Court may declare restrained property is not subject to automatic forfeiture).\nthe restraining order is still in force when the forfeiture period ends.\n- (a) a restraining order is, or was, granted for property, whether the property of a prescribed respondent or someone else, because of— (i) the prescribed respondent’s conviction of the serious criminal offence; or (ii) the charging, or proposed charging, of the prescribed respondent with the serious criminal offence or a related serious criminal offence; and\n- (i) the prescribed respondent’s conviction of the serious criminal offence; or\n- (ii) the charging, or proposed charging, of the prescribed respondent with the serious criminal offence or a related serious criminal offence; and\n- (b) the Supreme Court has not made an order declaring that the property is not subject to automatic forfeiture; and Editor’s note— See section 141 (Supreme Court may declare restrained property is not subject to automatic forfeiture).\n- (c) the restraining order is still in force when the forfeiture period ends.\n- (i) the prescribed respondent’s conviction of the serious criminal offence; or\n- (ii) the charging, or proposed charging, of the prescribed respondent with the serious criminal offence or a related serious criminal offence; and","sortOrder":342},{"sectionNumber":"sec.163","sectionType":"section","heading":"Automatic forfeiture of restrained property","content":"### sec.163 Automatic forfeiture of restrained property\n\nProperty of the prescribed respondent that was acquired after the day that is 6 years before the commission of the serious criminal offence and is restrained under the relevant restraining order is forfeited to the State when the forfeiture period ends.\nProperty of another person that is restrained under the relevant restraining order is forfeited to the State when the forfeiture period ends.\nThe 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.\nHowever, before the end of the first 6 months of the forfeiture period, the prescribed respondent may apply to the Supreme Court for an extension of the forfeiture period for up to 3 months.\nThe Supreme Court may extend the forfeiture period by not more than 3 months if it is satisfied it is in the interests of the administration of justice to extend the period in the special circumstances of the case.\n(sec.163-ssec.1) Property of the prescribed respondent that was acquired after the day that is 6 years before the commission of the serious criminal offence and is restrained under the relevant restraining order is forfeited to the State when the forfeiture period ends.\n(sec.163-ssec.2) Property of another person that is restrained under the relevant restraining order is forfeited to the State when the forfeiture period ends.\n(sec.163-ssec.3) The 6 years mentioned in subsection (1) includes periods before and after the commencement of this section.\n(sec.163-ssec.4) However, before the end of the first 6 months of the forfeiture period, the prescribed respondent may apply to the Supreme Court for an extension of the forfeiture period for up to 3 months.\n(sec.163-ssec.5) The Supreme Court may extend the forfeiture period by not more than 3 months if it is satisfied it is in the interests of the administration of justice to extend the period in the special circumstances of the case.","sortOrder":343},{"sectionNumber":"sec.164","sectionType":"section","heading":"Effect of automatic forfeiture","content":"### sec.164 Effect of automatic forfeiture\n\nProperty automatically forfeited under this part vests absolutely in the State on its forfeiture to the State.\nOn application, the Supreme Court may give any necessary or convenient directions for giving effect to the forfeiture.\n(sec.164-ssec.1) Property automatically forfeited under this part vests absolutely in the State on its forfeiture to the State.\n(sec.164-ssec.2) On application, the Supreme Court may give any necessary or convenient directions for giving effect to the forfeiture.","sortOrder":344},{"sectionNumber":"sec.165","sectionType":"section","heading":"Third party protection from automatic forfeiture","content":"### sec.165 Third party protection from automatic forfeiture\n\nA person, other than the prescribed respondent, who claims an interest in the property may apply to the Supreme Court for a third party order or a buy-back order.\nUnless the court gives leave under section 166 —\nthe application must be made within 6 months after the property is forfeited to the State; and\nthe following can not apply to the court for a third party order or a buy-back order—\na person who was given notice of the application for the relevant restraining order;\na person who appeared at the hearing of the application for the relevant restraining order;\na person who was given notice of the relevant restraining order.\nSections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order.\nThe applicant must give the DPP notice of the making of an application under this section, including an application for leave to apply for a third party order or a buy-back order.\nThe State must be a party to the application represented by the DPP.\ns 165 amd 2003 No. 77 s 56\n(sec.165-ssec.1) A person, other than the prescribed respondent, who claims an interest in the property may apply to the Supreme Court for a third party order or a buy-back order.\n(sec.165-ssec.2) Unless the court gives leave under section 166 — the application must be made within 6 months after the property is forfeited to the State; and the following can not apply to the court for a third party order or a buy-back order— a person who was given notice of the application for the relevant restraining order; a person who appeared at the hearing of the application for the relevant restraining order; a person who was given notice of the relevant restraining order. Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order.\n(sec.165-ssec.3) The applicant must give the DPP notice of the making of an application under this section, including an application for leave to apply for a third party order or a buy-back order.\n(sec.165-ssec.4) The State must be a party to the application represented by the DPP.\n- (a) the application must be made within 6 months after the property is forfeited to the State; and\n- (b) the following can not apply to the court for a third party order or a buy-back order— (i) a person who was given notice of the application for the relevant restraining order; (ii) a person who appeared at the hearing of the application for the relevant restraining order; (iii) a person who was given notice of the relevant restraining order. Editor’s note— Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order.\n- (i) a person who was given notice of the application for the relevant restraining order;\n- (ii) a person who appeared at the hearing of the application for the relevant restraining order;\n- (iii) a person who was given notice of the relevant restraining order.\n- (i) a person who was given notice of the application for the relevant restraining order;\n- (ii) a person who appeared at the hearing of the application for the relevant restraining order;\n- (iii) a person who was given notice of the relevant restraining order.","sortOrder":345},{"sectionNumber":"sec.166","sectionType":"section","heading":"When Supreme Court may give leave for s 165","content":"### sec.166 When Supreme Court may give leave for s 165\n\nThe Supreme Court may give leave to apply for a third party order or a buy-back order after the end of the 6 months mentioned in section 165 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\nAlso, the Supreme Court may give leave for a person mentioned in section 165 (2) (b) to apply for a third party order or a buy-back order only if it considers the failure of the applicant to apply, or apply successfully, to have the property excluded from the relevant restraining order was not because of the applicant’s neglect.\nIn this section—\nrelevant restraining order , for property automatically forfeited, means the restraining order made in relation to the forfeited property.\n(sec.166-ssec.1) The Supreme Court may give leave to apply for a third party order or a buy-back order after the end of the 6 months mentioned in section 165 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.\n(sec.166-ssec.2) Also, the Supreme Court may give leave for a person mentioned in section 165 (2) (b) to apply for a third party order or a buy-back order only if it considers the failure of the applicant to apply, or apply successfully, to have the property excluded from the relevant restraining order was not because of the applicant’s neglect.\n(sec.166-ssec.3) In this section— relevant restraining order , for property automatically forfeited, means the restraining order made in relation to the forfeited property.","sortOrder":346},{"sectionNumber":"sec.167","sectionType":"section","heading":"When Supreme Court may make third party order","content":"### sec.167 When Supreme Court may make third party order\n\nThe Supreme Court, on an application under section 165 , may make a third party order.\nThe Supreme Court may make a third party order if it is satisfied—\nthe applicant, apart from the forfeiture, would have an interest in the property; and\nthe applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and\nthe applicant acquired the interest—\nin good faith and for sufficient consideration; and\nif the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and\nthe applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited.\nAlso, the Supreme Court may make a third party order if it is satisfied—\nthe applicant, apart from the forfeiture, would have an interest in the property; and\nthe property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and\nthe applicant’s interest in the property was lawfully acquired.\ns 167 amd 2003 No. 77 s 57\n(sec.167-ssec.1) The Supreme Court, on an application under section 165 , may make a third party order.\n(sec.167-ssec.2) The Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and the applicant acquired the interest— in good faith and for sufficient consideration; and if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited.\n(sec.167-ssec.3) Also, the Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and the applicant’s interest in the property was lawfully acquired.\n- (a) the applicant, apart from the forfeiture, would have an interest in the property; and\n- (b) the applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and\n- (c) the applicant acquired the interest— (i) in good faith and for sufficient consideration; and (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and\n- (i) in good faith and for sufficient consideration; and\n- (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and\n- (d) the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited.\n- (i) in good faith and for sufficient consideration; and\n- (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and\n- (a) the applicant, apart from the forfeiture, would have an interest in the property; and\n- (b) the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and\n- (c) the applicant’s interest in the property was lawfully acquired.","sortOrder":347},{"sectionNumber":"sec.168","sectionType":"section","heading":"What is a third party order","content":"### sec.168 What is a third party order\n\nA third party order is an order that—\nstates the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and\nif the relevant property is still vested in the State, directs the State to transfer the property to the applicant; and\nif the relevant property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.\ns 168 sub 2003 No. 77 s 58\n- (a) states the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and\n- (b) if the relevant property is still vested in the State, directs the State to transfer the property to the applicant; and\n- (c) if the relevant property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.","sortOrder":348},{"sectionNumber":"sec.169","sectionType":"section","heading":"When Supreme Court may make buy-back order","content":"### sec.169 When Supreme Court may make buy-back order\n\nThe Supreme Court, on an application under section 165 , may make a buy-back order.\nThe Supreme Court may make a buy-back order if it is satisfied—\nthe applicant, apart from the forfeiture, would have an interest in the property; and\nit would not be against the public interest for the relevant interest in the property to be transferred to the applicant; and\nthere is no other reason why the interest should not be transferred to the applicant.\ns 169 amd 2003 No. 77 s 59\n(sec.169-ssec.1) The Supreme Court, on an application under section 165 , may make a buy-back order.\n(sec.169-ssec.2) The Supreme Court may make a buy-back order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and it would not be against the public interest for the relevant interest in the property to be transferred to the applicant; and there is no other reason why the interest should not be transferred to the applicant.\n- (a) the applicant, apart from the forfeiture, would have an interest in the property; and\n- (b) it would not be against the public interest for the relevant interest in the property to be transferred to the applicant; and\n- (c) there is no other reason why the interest should not be transferred to the applicant.","sortOrder":349},{"sectionNumber":"sec.170","sectionType":"section","heading":"What is a buy-back order","content":"### sec.170 What is a buy-back order\n\nA buy-back order is an order that states—\nthe nature, extent and value, when the order is made, of the interest; and\nthat the person may buy back the interest by paying to the State the amount stated as the value of the interest.\ns 170 sub 2003 No. 77 s 60\n- (a) the nature, extent and value, when the order is made, of the interest; and\n- (b) that the person may buy back the interest by paying to the State the amount stated as the value of the interest.","sortOrder":350},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Other provisions about forfeiture","content":"# Other provisions about forfeiture","sortOrder":351},{"sectionNumber":"sec.171","sectionType":"section","heading":"Dealing with forfeited property prohibited","content":"### sec.171 Dealing with forfeited property prohibited\n\nA person who does, or attempts to do, an act or makes an omission in relation to property that is the subject of a forfeiture order that directly or indirectly defeats the operation of the order commits a crime.\nMaximum penalty—\nfor a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\notherwise—\n1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n7 years imprisonment.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was the subject of a forfeiture order and no reason to suspect it was.\nHowever, the defence under subsection (2) is not available to the extent the property is—\na motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\nland over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\nSubsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\nA dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who—\ndid not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and\nacted in good faith; and\nprovided sufficient consideration for the dealing.\nSubsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order.\ns 171 amd 2003 No. 77 s 61\nsub 2017 No. 6 s 20\n(sec.171-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to property that is the subject of a forfeiture order that directly or indirectly defeats the operation of the order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or 7 years imprisonment.\n(sec.171-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was the subject of a forfeiture order and no reason to suspect it was.\n(sec.171-ssec.3) However, the defence under subsection (2) is not available to the extent the property is— a motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\n(sec.171-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act.\n(sec.171-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and acted in good faith; and provided sufficient consideration for the dealing.\n(sec.171-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order.\n- (a) for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (b) otherwise— (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or\n- (ii) 7 years imprisonment.\n- (a) a motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or\n- (b) land over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .\n- (a) did not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and\n- (b) acted in good faith; and\n- (c) provided sufficient consideration for the dealing.","sortOrder":352},{"sectionNumber":"sec.172","sectionType":"section","heading":"Effect of payment under buy-back order or release order","content":"### sec.172 Effect of payment under buy-back order or release order\n\nOn the payment to the State of the amount stated in a buy-back order as the value of an interest in forfeited property, the effect of the forfeiture of the interest ends.\nOn the payment to the State of the amount stated in a release order as the value of an interest in forfeited property, the forfeiture order applying to the interest ceases to apply to the interest.\nSubsections (1) and (2) have effect only if the payment is made while the interest is still vested in the State.\nAs soon as practicable after the amount mentioned in the buy-back order or release order is paid, the Attorney-General must arrange for the interest to be transferred to the person in whom it was vested immediately before it was forfeited to the State.\nThe Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.\n(sec.172-ssec.1) On the payment to the State of the amount stated in a buy-back order as the value of an interest in forfeited property, the effect of the forfeiture of the interest ends.\n(sec.172-ssec.2) On the payment to the State of the amount stated in a release order as the value of an interest in forfeited property, the forfeiture order applying to the interest ceases to apply to the interest.\n(sec.172-ssec.3) Subsections (1) and (2) have effect only if the payment is made while the interest is still vested in the State.\n(sec.172-ssec.4) As soon as practicable after the amount mentioned in the buy-back order or release order is paid, the Attorney-General must arrange for the interest to be transferred to the person in whom it was vested immediately before it was forfeited to the State.\n(sec.172-ssec.5) The Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.","sortOrder":353},{"sectionNumber":"sec.173","sectionType":"section","heading":"Buying out other interests under court order","content":"### sec.173 Buying out other interests under court order\n\nThis section applies if—\nproperty that is forfeited to the State under a forfeiture order or on automatic forfeiture is still vested in the State; and\nthe property or an interest in the property is required to be transferred to a person (the buyer ) under an innocent interest exclusion order or a third party order or under section 172 or 175 ; and\nthe buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\nIf the buyer intends to buy the other interests in the property, the buyer must give written notice to any other person who had an interest in the property immediately before the forfeiture stating—\nthe buyer intends to buy the other interests from the State; and\nwithin 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\nIf—\na person given a notice under subsection (2) does not give the Attorney-General a written objection to the sale of the interest to the buyer within the 21 days; and\nthe buyer pays to the State an amount equal to the value of the interest;\nthe Attorney-General must arrange for the interest to be transferred to the buyer.\nThe Attorney-General may do, or authorise the doing of, anything necessary or convenient to be done for the transfer.\n(sec.173-ssec.1) This section applies if— property that is forfeited to the State under a forfeiture order or on automatic forfeiture is still vested in the State; and the property or an interest in the property is required to be transferred to a person (the buyer ) under an innocent interest exclusion order or a third party order or under section 172 or 175 ; and the buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\n(sec.173-ssec.2) If the buyer intends to buy the other interests in the property, the buyer must give written notice to any other person who had an interest in the property immediately before the forfeiture stating— the buyer intends to buy the other interests from the State; and within 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\n(sec.173-ssec.3) If— a person given a notice under subsection (2) does not give the Attorney-General a written objection to the sale of the interest to the buyer within the 21 days; and the buyer pays to the State an amount equal to the value of the interest; the Attorney-General must arrange for the interest to be transferred to the buyer.\n(sec.173-ssec.4) The Attorney-General may do, or authorise the doing of, anything necessary or convenient to be done for the transfer.\n- (a) property that is forfeited to the State under a forfeiture order or on automatic forfeiture is still vested in the State; and\n- (b) the property or an interest in the property is required to be transferred to a person (the buyer ) under an innocent interest exclusion order or a third party order or under section 172 or 175 ; and\n- (c) the buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property.\n- (a) the buyer intends to buy the other interests from the State; and\n- (b) within 21 days after receiving the notice, the person may give the Attorney-General a written objection to the sale of the person’s interest to the buyer.\n- (a) a person given a notice under subsection (2) does not give the Attorney-General a written objection to the sale of the interest to the buyer within the 21 days; and\n- (b) the buyer pays to the State an amount equal to the value of the interest;","sortOrder":354},{"sectionNumber":"sec.174","sectionType":"section","heading":"Notice after conviction quashed or forfeiture order discharged","content":"### sec.174 Notice after conviction quashed or forfeiture order discharged\n\nThis section applies if a relevant event happens.\nAs soon as practicable after a relevant event happens, the DPP must give notice of the happening of the relevant event to each person the DPP considers may have had an interest in the property to which it relates immediately before it was vested in the State.\nIf required by a court, the DPP must also give notice of the happening of the relevant event to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\nIf the property is still vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may, by written notice given to the Attorney-General, ask for the return of the property.\nIf the property is no longer vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may apply for an order declaring the value of the property—\nif the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or\nif the property was automatically forfeited—to the Supreme Court.\nIn this section—\nrelevant event means—\nfor property forfeited to the State under a forfeiture order—\nthe discharge of the forfeiture order on appeal under section 263 ; or\nthe quashing of the conviction on which the forfeiture order was based; or\nfor automatically forfeited property—the quashing of the conviction because of which the property was automatically forfeited.\ns 174 amd 2003 No. 77 s 62\n(sec.174-ssec.1) This section applies if a relevant event happens.\n(sec.174-ssec.2) As soon as practicable after a relevant event happens, the DPP must give notice of the happening of the relevant event to each person the DPP considers may have had an interest in the property to which it relates immediately before it was vested in the State.\n(sec.174-ssec.3) If required by a court, the DPP must also give notice of the happening of the relevant event to the persons the court considers appropriate, in the way and within the time the court considers appropriate.\n(sec.174-ssec.4) If the property is still vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may, by written notice given to the Attorney-General, ask for the return of the property.\n(sec.174-ssec.5) If the property is no longer vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may apply for an order declaring the value of the property— if the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or if the property was automatically forfeited—to the Supreme Court.\n(sec.174-ssec.6) In this section— relevant event means— for property forfeited to the State under a forfeiture order— the discharge of the forfeiture order on appeal under section 263 ; or the quashing of the conviction on which the forfeiture order was based; or for automatically forfeited property—the quashing of the conviction because of which the property was automatically forfeited.\n- (a) if the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or\n- (b) if the property was automatically forfeited—to the Supreme Court.\n- (a) for property forfeited to the State under a forfeiture order— (i) the discharge of the forfeiture order on appeal under section 263 ; or (ii) the quashing of the conviction on which the forfeiture order was based; or\n- (i) the discharge of the forfeiture order on appeal under section 263 ; or\n- (ii) the quashing of the conviction on which the forfeiture order was based; or\n- (b) for automatically forfeited property—the quashing of the conviction because of which the property was automatically forfeited.\n- (i) the discharge of the forfeiture order on appeal under section 263 ; or\n- (ii) the quashing of the conviction on which the forfeiture order was based; or","sortOrder":355},{"sectionNumber":"sec.175","sectionType":"section","heading":"If Attorney-General asked to return property","content":"### sec.175 If Attorney-General asked to return property\n\nThis section applies if a person is given a notice under section 174 relating to property that is still vested in the State.\nThe person may, in writing, ask the Attorney-General to return the property to the person.\nAs soon as practicable after receiving the notice, the Attorney-General must arrange for the property to be transferred to the applicant or someone else nominated by the applicant.\nHowever, if the State has paid an amount to the person in relation to the property under an innocent interest exclusion order or a third party order, the Attorney-General must not arrange for the transfer of the property until the person pays to the State the total amount paid by the State in relation to the property under the relevant order.\nThe Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.\n(sec.175-ssec.1) This section applies if a person is given a notice under section 174 relating to property that is still vested in the State.\n(sec.175-ssec.2) The person may, in writing, ask the Attorney-General to return the property to the person.\n(sec.175-ssec.3) As soon as practicable after receiving the notice, the Attorney-General must arrange for the property to be transferred to the applicant or someone else nominated by the applicant.\n(sec.175-ssec.4) However, if the State has paid an amount to the person in relation to the property under an innocent interest exclusion order or a third party order, the Attorney-General must not arrange for the transfer of the property until the person pays to the State the total amount paid by the State in relation to the property under the relevant order.\n(sec.175-ssec.5) The Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer.","sortOrder":356},{"sectionNumber":"sec.176","sectionType":"section","heading":"If application for order declaring value of property","content":"### sec.176 If application for order declaring value of property\n\nThis section applies if a person is given a notice under section 174 relating to property that is no longer vested in the State.\nThe person may apply for an order declaring the value of forfeited property—\nif the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or\nif the property was automatically forfeited—to the Supreme Court.\nThe court must make an order declaring the value, at the time of the declaration, of the property.\nThe court may make the other orders the court considers appropriate.\nAfter the court makes the order, the applicant for the order may, by written application to the Attorney-General, ask for payment of the amount declared by the order to be the value of the property.\nThe Attorney-General must arrange for payment to the applicant, or someone else nominated by the applicant, of the amount declared by the order less the total amount paid by the State for the relevant property because of an innocent interest exclusion order or a third party order.\ns 176 amd 2003 No. 77 s 63 ; 2004 No. 43 s 3 sch\n(sec.176-ssec.1) This section applies if a person is given a notice under section 174 relating to property that is no longer vested in the State.\n(sec.176-ssec.2) The person may apply for an order declaring the value of forfeited property— if the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or if the property was automatically forfeited—to the Supreme Court.\n(sec.176-ssec.3) The court must make an order declaring the value, at the time of the declaration, of the property.\n(sec.176-ssec.4) The court may make the other orders the court considers appropriate.\n(sec.176-ssec.5) After the court makes the order, the applicant for the order may, by written application to the Attorney-General, ask for payment of the amount declared by the order to be the value of the property.\n(sec.176-ssec.6) The Attorney-General must arrange for payment to the applicant, or someone else nominated by the applicant, of the amount declared by the order less the total amount paid by the State for the relevant property because of an innocent interest exclusion order or a third party order.\n- (a) if the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or\n- (b) if the property was automatically forfeited—to the Supreme Court.","sortOrder":357},{"sectionNumber":"sec.177","sectionType":"section","heading":"Rehearing","content":"### sec.177 Rehearing\n\nThis section applies if a forfeiture order has been made against a person who was charged with a confiscation offence on the ground that the person is treated as having been convicted of the offence because the person has become unamenable to justice for the offence.\nThe person or the State may apply to the court that made the forfeiture order to have the order set aside.\nIf the applicant is not the State, the applicant must give notice of the application to the Attorney-General.\nThe Attorney-General may appear to oppose the grant of the application.\nThe court may set aside the forfeiture order on the conditions about costs or otherwise the court considers appropriate.\nIf the court sets aside the order, the court may rehear the application for the forfeiture order immediately or at a later time fixed by the court.\n(sec.177-ssec.1) This section applies if a forfeiture order has been made against a person who was charged with a confiscation offence on the ground that the person is treated as having been convicted of the offence because the person has become unamenable to justice for the offence.\n(sec.177-ssec.2) The person or the State may apply to the court that made the forfeiture order to have the order set aside.\n(sec.177-ssec.3) If the applicant is not the State, the applicant must give notice of the application to the Attorney-General.\n(sec.177-ssec.4) The Attorney-General may appear to oppose the grant of the application.\n(sec.177-ssec.5) The court may set aside the forfeiture order on the conditions about costs or otherwise the court considers appropriate.\n(sec.177-ssec.6) If the court sets aside the order, the court may rehear the application for the forfeiture order immediately or at a later time fixed by the court.","sortOrder":358},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Pecuniary penalty orders","content":"# Pecuniary penalty orders","sortOrder":359},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Application for pecuniary penalty order","content":"## Application for pecuniary penalty order","sortOrder":360},{"sectionNumber":"sec.178","sectionType":"section","heading":"Pecuniary penalty order application","content":"### sec.178 Pecuniary penalty order application\n\nIf a person is convicted of a confiscation offence, the State may apply to the Supreme Court or the court before which the person is convicted for an order ( pecuniary penalty order ) requiring the person to pay to the State the amount of the benefits derived from the commission of the confiscation offence.\nUnless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .\nThe State may apply to a court for a further pecuniary penalty order for the benefits derived by the person from the commission of a confiscation offence to which an application for an earlier pecuniary penalty order relates ( first application ) only with the Supreme Court’s leave.\nThe Supreme Court may give leave under subsection (3) only if it is satisfied—\nthe benefit to which the new application relates was identified only after the first application was finally decided; or\nnecessary evidence became available only after the first application was finally decided; or\nit is otherwise in the interests of justice to give the leave.\n(sec.178-ssec.1) If a person is convicted of a confiscation offence, the State may apply to the Supreme Court or the court before which the person is convicted for an order ( pecuniary penalty order ) requiring the person to pay to the State the amount of the benefits derived from the commission of the confiscation offence.\n(sec.178-ssec.2) Unless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .\n(sec.178-ssec.3) The State may apply to a court for a further pecuniary penalty order for the benefits derived by the person from the commission of a confiscation offence to which an application for an earlier pecuniary penalty order relates ( first application ) only with the Supreme Court’s leave.\n(sec.178-ssec.4) The Supreme Court may give leave under subsection (3) only if it is satisfied— the benefit to which the new application relates was identified only after the first application was finally decided; or necessary evidence became available only after the first application was finally decided; or it is otherwise in the interests of justice to give the leave.\n- (a) the benefit to which the new application relates was identified only after the first application was finally decided; or\n- (b) necessary evidence became available only after the first application was finally decided; or\n- (c) it is otherwise in the interests of justice to give the leave.","sortOrder":361},{"sectionNumber":"sec.179","sectionType":"section","heading":"Notice of application","content":"### sec.179 Notice of application\n\nThe State must give written notice of the application for the pecuniary penalty order to the person named in the application.","sortOrder":362},{"sectionNumber":"sec.180","sectionType":"section","heading":"Right to appear","content":"### sec.180 Right to appear\n\nA person named in the application for the pecuniary penalty order may appear at the hearing of the application.","sortOrder":363},{"sectionNumber":"sec.181","sectionType":"section","heading":"Amendment of application","content":"### sec.181 Amendment of application\n\nThe court hearing the application for the pecuniary penalty order may amend the application at the request, or with the agreement, of the State.\nIf the State applies for an amendment of the application and the amendment would have the effect of including an additional benefit in the application, the State must give the person named in the application written notice of the application for the amendment.\nThe court may amend the application to include an additional benefit in the application only if the court is satisfied—\nthe benefit was not reasonably capable of identification when the application was originally made; or\nnecessary evidence became available only after the application was originally made.\n(sec.181-ssec.1) The court hearing the application for the pecuniary penalty order may amend the application at the request, or with the agreement, of the State.\n(sec.181-ssec.2) If the State applies for an amendment of the application and the amendment would have the effect of including an additional benefit in the application, the State must give the person named in the application written notice of the application for the amendment.\n(sec.181-ssec.3) The court may amend the application to include an additional benefit in the application only if the court is satisfied— the benefit was not reasonably capable of identification when the application was originally made; or necessary evidence became available only after the application was originally made.\n- (a) the benefit was not reasonably capable of identification when the application was originally made; or\n- (b) necessary evidence became available only after the application was originally made.","sortOrder":364},{"sectionNumber":"sec.182","sectionType":"section","heading":"Procedure on application","content":"### sec.182 Procedure on application\n\nIn deciding an application for a pecuniary penalty order, the court must have regard to the evidence given in any proceeding against the person for the relevant confiscation offence.\nIf—\nthe application is made to the court before which the person is convicted; and\nwhen the application is made, the court has not passed sentence on the person for the confiscation offence;\nthe court may defer passing sentence until it has decided the application.\nIf a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.\n(sec.182-ssec.1) In deciding an application for a pecuniary penalty order, the court must have regard to the evidence given in any proceeding against the person for the relevant confiscation offence.\n(sec.182-ssec.2) If— the application is made to the court before which the person is convicted; and when the application is made, the court has not passed sentence on the person for the confiscation offence; the court may defer passing sentence until it has decided the application.\n(sec.182-ssec.3) If a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.\n- (a) the application is made to the court before which the person is convicted; and\n- (b) when the application is made, the court has not passed sentence on the person for the confiscation offence;","sortOrder":365},{"sectionNumber":"sec.183","sectionType":"section","heading":"Limitation on powers of Magistrates Courts","content":"### sec.183 Limitation on powers of Magistrates Courts\n\nA Magistrates Court may make a pecuniary penalty order because of a conviction for an offence only if it is satisfied the total amount payable under the pecuniary penalty order and all other undischarged pecuniary penalty orders made by the court because of the conviction is not more than the limit of a Magistrates Court’s civil jurisdiction.\nIn this section—\nMagistrates Court , other than in relation to the limit of the court’s civil jurisdiction, includes the Childrens Court constituted by a magistrate.\n(sec.183-ssec.1) A Magistrates Court may make a pecuniary penalty order because of a conviction for an offence only if it is satisfied the total amount payable under the pecuniary penalty order and all other undischarged pecuniary penalty orders made by the court because of the conviction is not more than the limit of a Magistrates Court’s civil jurisdiction.\n(sec.183-ssec.2) In this section— Magistrates Court , other than in relation to the limit of the court’s civil jurisdiction, includes the Childrens Court constituted by a magistrate.","sortOrder":366},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Making of pecuniary penalty order","content":"## Making of pecuniary penalty order","sortOrder":367},{"sectionNumber":"sec.184","sectionType":"section","heading":"Pecuniary penalty orders","content":"### sec.184 Pecuniary penalty orders\n\nOn an application for a pecuniary penalty order against a person, the court may or, if the offence is a major drug offence, must—\nassess the value of the benefits derived by the person under division 3 ; and\norder the person to pay to the State a pecuniary penalty equal to the assessed value of the benefits less the amounts deducted under subsections (2) and (3) .\nThe value, when the pecuniary penalty order is made, of any of the following property must be deducted—\nproperty for which a forfeiture order is made for the same conviction;\nproperty forfeited under a serious drug offender confiscation order.\nThe court may also deduct either of the following amounts, if the court considers it appropriate to take the amount into account—\nany amount payable for restitution or compensation for the same conviction;\nthe value of any property forfeited under a forfeiture order under chapter 2 made in relation to a period including the day the offence to which the conviction relates was committed.\nThe amount payable by the person to the State under the pecuniary penalty order is a debt payable by the person to the State.\nThe order may be enforced as if it were a money order made by a court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the pecuniary penalty order.\ns 184 amd 2013 No. 21 s 47\n(sec.184-ssec.1) On an application for a pecuniary penalty order against a person, the court may or, if the offence is a major drug offence, must— assess the value of the benefits derived by the person under division 3 ; and order the person to pay to the State a pecuniary penalty equal to the assessed value of the benefits less the amounts deducted under subsections (2) and (3) .\n(sec.184-ssec.2) The value, when the pecuniary penalty order is made, of any of the following property must be deducted— property for which a forfeiture order is made for the same conviction; property forfeited under a serious drug offender confiscation order.\n(sec.184-ssec.3) The court may also deduct either of the following amounts, if the court considers it appropriate to take the amount into account— any amount payable for restitution or compensation for the same conviction; the value of any property forfeited under a forfeiture order under chapter 2 made in relation to a period including the day the offence to which the conviction relates was committed.\n(sec.184-ssec.4) The amount payable by the person to the State under the pecuniary penalty order is a debt payable by the person to the State.\n(sec.184-ssec.5) The order may be enforced as if it were a money order made by a court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the pecuniary penalty order.\n- (a) assess the value of the benefits derived by the person under division 3 ; and\n- (b) order the person to pay to the State a pecuniary penalty equal to the assessed value of the benefits less the amounts deducted under subsections (2) and (3) .\n- (a) property for which a forfeiture order is made for the same conviction;\n- (b) property forfeited under a serious drug offender confiscation order.\n- (a) any amount payable for restitution or compensation for the same conviction;\n- (b) the value of any property forfeited under a forfeiture order under chapter 2 made in relation to a period including the day the offence to which the conviction relates was committed.","sortOrder":368},{"sectionNumber":"sec.185","sectionType":"section","heading":"Discharge of pecuniary penalty order to the extent of automatic forfeiture","content":"### sec.185 Discharge of pecuniary penalty order to the extent of automatic forfeiture\n\nThis section applies to a person who has been convicted of a serious criminal offence and against whom a pecuniary penalty order has been made because of the conviction.\nIf property of the person is also automatically forfeited to the State because of the conviction, the debt payable under the pecuniary penalty order is discharged to the extent of—\nif the property is sold—the value of the proceeds of the sale; or\nif the property is not sold—the amount the Attorney-General decides is the reasonable value of the property.\n(sec.185-ssec.1) This section applies to a person who has been convicted of a serious criminal offence and against whom a pecuniary penalty order has been made because of the conviction.\n(sec.185-ssec.2) If property of the person is also automatically forfeited to the State because of the conviction, the debt payable under the pecuniary penalty order is discharged to the extent of— if the property is sold—the value of the proceeds of the sale; or if the property is not sold—the amount the Attorney-General decides is the reasonable value of the property.\n- (a) if the property is sold—the value of the proceeds of the sale; or\n- (b) if the property is not sold—the amount the Attorney-General decides is the reasonable value of the property.","sortOrder":369},{"sectionNumber":"sec.186","sectionType":"section","heading":"Pecuniary penalty order increase if forfeiture order discharged","content":"### sec.186 Pecuniary penalty order increase if forfeiture order discharged\n\nThis section applies if—\na court makes a pecuniary penalty order; and\nin deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and\nafter the pecuniary penalty order is made—\nthe forfeiture ends because of an appeal; or\nan innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\nThe State may apply to the court that made the pecuniary penalty order for a variation of the order to increase the amount payable under the order.\nIf the court considers an increase appropriate, it may vary the amount payable under the pecuniary penalty order.\ns 186 amd 2009 No. 2 s 52 ; 2013 No. 21 s 48\n(sec.186-ssec.1) This section applies if— a court makes a pecuniary penalty order; and in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and after the pecuniary penalty order is made— the forfeiture ends because of an appeal; or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n(sec.186-ssec.2) The State may apply to the court that made the pecuniary penalty order for a variation of the order to increase the amount payable under the order.\n(sec.186-ssec.3) If the court considers an increase appropriate, it may vary the amount payable under the pecuniary penalty order.\n- (a) a court makes a pecuniary penalty order; and\n- (b) in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and\n- (c) after the pecuniary penalty order is made— (i) the forfeiture ends because of an appeal; or (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n- (i) the forfeiture ends because of an appeal; or\n- (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.\n- (i) the forfeiture ends because of an appeal; or\n- (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.","sortOrder":370},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":"Assessment of benefits","content":"## Assessment of benefits","sortOrder":371},{"sectionNumber":"sec.187","sectionType":"section","heading":"Assessment of benefits","content":"### sec.187 Assessment of benefits\n\nWhen assessing the value of benefits derived by a person from the commission of a confiscation offence for the purposes of making a pecuniary penalty order against a person ( relevant person ), the court must have regard to the evidence before it about the following—\nthe value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the commission of the offence;\nthe value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person because of the commission of the offence;\nif the offence consisted of the doing of an act or thing in relation to a dangerous drug or controlled substance (the illegal drug )—\nthe market value, when the offence was committed, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug involved in the offence; and\nthe amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar, or substantially similar, act or thing;\nthe value of the relevant person’s property—\nif the application relates to a single offence—before, during and after the commission of the offence; or\nif the application relates to 2 or more offences—before, during and after the offence period;\nthe relevant person’s income and expenditure—\nif the application relates to a single offence—before, during and after the commission of the offence; or\nif the application relates to 2 or more offences—before, during and after the offence period.\nThe court—\nmay treat as the value of the benefit the value the benefit would have had if derived when the valuation is being made; and\nwithout limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was derived and the time the valuation is being made.\nIn this section—\noffence period , for an application for a pecuniary penalty order made in relation to 2 or more offences, means the period starting when the earlier or earliest of the offences was committed and ending when the later or latest of the offences was committed.\n(sec.187-ssec.1) When assessing the value of benefits derived by a person from the commission of a confiscation offence for the purposes of making a pecuniary penalty order against a person ( relevant person ), the court must have regard to the evidence before it about the following— the value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the commission of the offence; the value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person because of the commission of the offence; if the offence consisted of the doing of an act or thing in relation to a dangerous drug or controlled substance (the illegal drug )— the market value, when the offence was committed, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug involved in the offence; and the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar, or substantially similar, act or thing; the value of the relevant person’s property— if the application relates to a single offence—before, during and after the commission of the offence; or if the application relates to 2 or more offences—before, during and after the offence period; the relevant person’s income and expenditure— if the application relates to a single offence—before, during and after the commission of the offence; or if the application relates to 2 or more offences—before, during and after the offence period.\n(sec.187-ssec.2) The court— may treat as the value of the benefit the value the benefit would have had if derived when the valuation is being made; and without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was derived and the time the valuation is being made.\n(sec.187-ssec.3) In this section— offence period , for an application for a pecuniary penalty order made in relation to 2 or more offences, means the period starting when the earlier or earliest of the offences was committed and ending when the later or latest of the offences was committed.\n- (a) the value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the commission of the offence;\n- (b) the value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person because of the commission of the offence;\n- (c) if the offence consisted of the doing of an act or thing in relation to a dangerous drug or controlled substance (the illegal drug )— (i) the market value, when the offence was committed, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug involved in the offence; and (ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar, or substantially similar, act or thing;\n- (i) the market value, when the offence was committed, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug involved in the offence; and\n- (ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar, or substantially similar, act or thing;\n- (d) the value of the relevant person’s property— (i) if the application relates to a single offence—before, during and after the commission of the offence; or (ii) if the application relates to 2 or more offences—before, during and after the offence period;\n- (i) if the application relates to a single offence—before, during and after the commission of the offence; or\n- (ii) if the application relates to 2 or more offences—before, during and after the offence period;\n- (e) the relevant person’s income and expenditure— (i) if the application relates to a single offence—before, during and after the commission of the offence; or (ii) if the application relates to 2 or more offences—before, during and after the offence period.\n- (i) if the application relates to a single offence—before, during and after the commission of the offence; or\n- (ii) if the application relates to 2 or more offences—before, during and after the offence period.\n- (i) the market value, when the offence was committed, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug involved in the offence; and\n- (ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar, or substantially similar, act or thing;\n- (i) if the application relates to a single offence—before, during and after the commission of the offence; or\n- (ii) if the application relates to 2 or more offences—before, during and after the offence period;\n- (i) if the application relates to a single offence—before, during and after the commission of the offence; or\n- (ii) if the application relates to 2 or more offences—before, during and after the offence period.\n- (a) may treat as the value of the benefit the value the benefit would have had if derived when the valuation is being made; and\n- (b) without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was derived and the time the valuation is being made.","sortOrder":372},{"sectionNumber":"sec.188","sectionType":"section","heading":"Procedure if application relating to 1 confiscation offence","content":"### sec.188 Procedure if application relating to 1 confiscation offence\n\nThis section applies if—\nan application for a pecuniary penalty order relates to 1 confiscation offence; and\nat the hearing of the application, evidence is given that the value of the person’s property after the commission of the confiscation offence was more than the value of the property before the commission of the offence.\nThe court must treat the difference as the benefits derived by the person from the commission of the offence, other than to the extent the court is satisfied the reason for the difference was not related to the commission of the offence.\n(sec.188-ssec.1) This section applies if— an application for a pecuniary penalty order relates to 1 confiscation offence; and at the hearing of the application, evidence is given that the value of the person’s property after the commission of the confiscation offence was more than the value of the property before the commission of the offence.\n(sec.188-ssec.2) The court must treat the difference as the benefits derived by the person from the commission of the offence, other than to the extent the court is satisfied the reason for the difference was not related to the commission of the offence.\n- (a) an application for a pecuniary penalty order relates to 1 confiscation offence; and\n- (b) at the hearing of the application, evidence is given that the value of the person’s property after the commission of the confiscation offence was more than the value of the property before the commission of the offence.","sortOrder":373},{"sectionNumber":"sec.189","sectionType":"section","heading":"Procedure if application relating to more than 1 confiscation offence","content":"### sec.189 Procedure if application relating to more than 1 confiscation offence\n\nThis section applies if—\nan application for a pecuniary penalty order relates to more than 1 confiscation offence; and\nat the hearing of the application, evidence is given that the value of the person’s property at any time during or after the offence period was more than the value of the property before the start of the offence period.\nThe court must treat the difference as the benefits derived by the person from the commission of the offences, other than to the extent the court is satisfied the difference was not related to the commission of the offences.\n(sec.189-ssec.1) This section applies if— an application for a pecuniary penalty order relates to more than 1 confiscation offence; and at the hearing of the application, evidence is given that the value of the person’s property at any time during or after the offence period was more than the value of the property before the start of the offence period.\n(sec.189-ssec.2) The court must treat the difference as the benefits derived by the person from the commission of the offences, other than to the extent the court is satisfied the difference was not related to the commission of the offences.\n- (a) an application for a pecuniary penalty order relates to more than 1 confiscation offence; and\n- (b) at the hearing of the application, evidence is given that the value of the person’s property at any time during or after the offence period was more than the value of the property before the start of the offence period.","sortOrder":374},{"sectionNumber":"sec.190","sectionType":"section","heading":"Property that may be taken into account for assessment","content":"### sec.190 Property that may be taken into account for assessment\n\nFor this division, the following property of a person is presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person because of the commission of the offence or offences—\nall property of the person when the application for the pecuniary penalty order is made; and\nall property of the person at any time within the shorter of the following periods—\nthe period between the day the offence, or the earliest offence, was committed and the day the application is made;\nthe period of 5 years immediately before the day the application is made.\nFor subsection (1) , property of a person that vests in the official trustee in bankruptcy because of the person’s bankruptcy is taken to continue to be the property of the person.\n(sec.190-ssec.1) For this division, the following property of a person is presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person because of the commission of the offence or offences— all property of the person when the application for the pecuniary penalty order is made; and all property of the person at any time within the shorter of the following periods— the period between the day the offence, or the earliest offence, was committed and the day the application is made; the period of 5 years immediately before the day the application is made.\n(sec.190-ssec.2) For subsection (1) , property of a person that vests in the official trustee in bankruptcy because of the person’s bankruptcy is taken to continue to be the property of the person.\n- (a) all property of the person when the application for the pecuniary penalty order is made; and\n- (b) all property of the person at any time within the shorter of the following periods— (i) the period between the day the offence, or the earliest offence, was committed and the day the application is made; (ii) the period of 5 years immediately before the day the application is made.\n- (i) the period between the day the offence, or the earliest offence, was committed and the day the application is made;\n- (ii) the period of 5 years immediately before the day the application is made.\n- (i) the period between the day the offence, or the earliest offence, was committed and the day the application is made;\n- (ii) the period of 5 years immediately before the day the application is made.","sortOrder":375},{"sectionNumber":"sec.191","sectionType":"section","heading":"Property under effective control","content":"### sec.191 Property under effective control\n\nIn assessing the value of benefits derived by a person from the commission of an offence, the court may treat as property of the person any property that, in the court’s opinion, is under the person’s effective control.","sortOrder":376},{"sectionNumber":"sec.192","sectionType":"section","heading":"Particular benefits not to be taken into account","content":"### sec.192 Particular benefits not to be taken into account\n\nThe court must not take into account a benefit for the purposes of a pecuniary penalty order if a pecuniary penalty has already been imposed because of the benefit under this Act or a law of the Commonwealth or another State.","sortOrder":377},{"sectionNumber":"sec.193","sectionType":"section","heading":"Expenses and outgoings","content":"### sec.193 Expenses and outgoings\n\nFor this division, any expenses or outgoings of the person in, or in connection with, the commission of the offence or offences must be disregarded.\nIn this section—\ncommit an offence includes attempt, conspire, plan and prepare to commit the offence.\nexpenses or outgoings , of the person, includes all costs and expenses incurred by the person in, or in connection with, committing the offence or offences.\nthe cost of acquiring or attempting to acquire something concerned in committing the offence\n(sec.193-ssec.1) For this division, any expenses or outgoings of the person in, or in connection with, the commission of the offence or offences must be disregarded.\n(sec.193-ssec.2) In this section— commit an offence includes attempt, conspire, plan and prepare to commit the offence. expenses or outgoings , of the person, includes all costs and expenses incurred by the person in, or in connection with, committing the offence or offences. the cost of acquiring or attempting to acquire something concerned in committing the offence","sortOrder":378},{"sectionNumber":"sec.194","sectionType":"section","heading":"Evidence","content":"### sec.194 Evidence\n\nDespite any rule of law or practice about hearsay evidence, the court may, for this division, receive evidence of the opinion of a prescribed officer who is experienced in the investigation of illegal activities involving dangerous drugs about—\nthe market value at a particular time of a particular kind of dangerous drug or controlled substance; or\nthe amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\nIn this section—\nprescribed officer means—\na police officer; or\na member of the Australian Federal Police; or\nan officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or\nan authorised commission officer.\n(sec.194-ssec.1) Despite any rule of law or practice about hearsay evidence, the court may, for this division, receive evidence of the opinion of a prescribed officer who is experienced in the investigation of illegal activities involving dangerous drugs about— the market value at a particular time of a particular kind of dangerous drug or controlled substance; or the amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\n(sec.194-ssec.2) In this section— prescribed officer means— a police officer; or a member of the Australian Federal Police; or an officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or an authorised commission officer.\n- (a) the market value at a particular time of a particular kind of dangerous drug or controlled substance; or\n- (b) the amount, or range of amounts, ordinarily paid at a particular time for the doing of anything in relation to a particular kind of dangerous drug or controlled substance.\n- (a) a police officer; or\n- (b) a member of the Australian Federal Police; or\n- (c) an officer of customs within the meaning of the Customs Act 1901 (Cwlth) ; or\n- (d) an authorised commission officer.","sortOrder":379},{"sectionNumber":"ch.3-pt.7-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":380},{"sectionNumber":"sec.195","sectionType":"section","heading":"Discharge of pecuniary penalty order","content":"### sec.195 Discharge of pecuniary penalty order\n\nA pecuniary penalty order is discharged if—\nthe conviction because of which the order was made is quashed; or\nit is discharged on appeal.\nIf the pecuniary penalty order is registered under the Service and Execution of Process Act 1992 (Cwlth) , notice of the order’s discharge must be given to the persons, in the way and within the time the court that quashed the conviction or upheld the appeal considers appropriate.\ns 195 amd 2003 No. 77 s 64\n(sec.195-ssec.1) A pecuniary penalty order is discharged if— the conviction because of which the order was made is quashed; or it is discharged on appeal.\n(sec.195-ssec.2) If the pecuniary penalty order is registered under the Service and Execution of Process Act 1992 (Cwlth) , notice of the order’s discharge must be given to the persons, in the way and within the time the court that quashed the conviction or upheld the appeal considers appropriate.\n- (a) the conviction because of which the order was made is quashed; or\n- (b) it is discharged on appeal.","sortOrder":381},{"sectionNumber":"sec.196","sectionType":"section","heading":"Charge on restrained property under restraining order if pecuniary penalty order made","content":"### sec.196 Charge on restrained property under restraining order if pecuniary penalty order made\n\nThis section applies if—\na pecuniary penalty order is, or has been, made against a person convicted of a confiscation offence (the prescribed respondent ); and\na restraining order is, or has been, made against the property of a person, whether the prescribed respondent or someone else, based on—\nthe prescribed respondent’s conviction of the confiscation offence; or\nthe charging, or proposed charging, of the prescribed respondent with the confiscation offence or a related indictable offence.\nA charge on the property that secures the payment to the State of the amount payable under the pecuniary penalty order comes into existence on the making of whichever is the later of the pecuniary penalty order or the restraining order.\nThe charge is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\nThe charge ceases to have effect if—\nthe pecuniary penalty order is discharged; or\nthe pecuniary penalty is paid; or\nthe property is disposed of under an order under section 219 ; or\nthe property is disposed of with the approval of—\nthe Supreme Court; or\nif the public trustee has been directed to take control of the property—the public trustee; or\nthe property is sold to a buyer in good faith for sufficient consideration and without notice of the charge.\nThe charge is subject to every encumbrance over the property that was in existence immediately before the pecuniary penalty order was made but has priority over all other encumbrances.\nSubject to subsection (3) , the charge remains on the property despite any disposal of the property.\nThe charge may be registered under a law that provides for the registration of charges on property of the type affected by the charge.\nIf the charge is registered under subsection (6) , a person who buys the property after the registration of the charge is, for the purposes of subsection (3) (e) , taken to have had notice of the charge.\nSubsection (7) does not apply to a charge over personal property mentioned on the register kept under the Personal Property Securities Act 2009 (Cwlth) .\ns 196 amd 2010 No. 44 s 173\n(sec.196-ssec.1) This section applies if— a pecuniary penalty order is, or has been, made against a person convicted of a confiscation offence (the prescribed respondent ); and a restraining order is, or has been, made against the property of a person, whether the prescribed respondent or someone else, based on— the prescribed respondent’s conviction of the confiscation offence; or the charging, or proposed charging, of the prescribed respondent with the confiscation offence or a related indictable offence.\n(sec.196-ssec.2) A charge on the property that secures the payment to the State of the amount payable under the pecuniary penalty order comes into existence on the making of whichever is the later of the pecuniary penalty order or the restraining order.\n(sec.196-ssec.2A) The charge is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n(sec.196-ssec.3) The charge ceases to have effect if— the pecuniary penalty order is discharged; or the pecuniary penalty is paid; or the property is disposed of under an order under section 219 ; or the property is disposed of with the approval of— the Supreme Court; or if the public trustee has been directed to take control of the property—the public trustee; or the property is sold to a buyer in good faith for sufficient consideration and without notice of the charge.\n(sec.196-ssec.4) The charge is subject to every encumbrance over the property that was in existence immediately before the pecuniary penalty order was made but has priority over all other encumbrances.\n(sec.196-ssec.5) Subject to subsection (3) , the charge remains on the property despite any disposal of the property.\n(sec.196-ssec.6) The charge may be registered under a law that provides for the registration of charges on property of the type affected by the charge.\n(sec.196-ssec.7) If the charge is registered under subsection (6) , a person who buys the property after the registration of the charge is, for the purposes of subsection (3) (e) , taken to have had notice of the charge.\n(sec.196-ssec.8) Subsection (7) does not apply to a charge over personal property mentioned on the register kept under the Personal Property Securities Act 2009 (Cwlth) .\n- (a) a pecuniary penalty order is, or has been, made against a person convicted of a confiscation offence (the prescribed respondent ); and\n- (b) a restraining order is, or has been, made against the property of a person, whether the prescribed respondent or someone else, based on— (i) the prescribed respondent’s conviction of the confiscation offence; or (ii) the charging, or proposed charging, of the prescribed respondent with the confiscation offence or a related indictable offence.\n- (i) the prescribed respondent’s conviction of the confiscation offence; or\n- (ii) the charging, or proposed charging, of the prescribed respondent with the confiscation offence or a related indictable offence.\n- (i) the prescribed respondent’s conviction of the confiscation offence; or\n- (ii) the charging, or proposed charging, of the prescribed respondent with the confiscation offence or a related indictable offence.\n- (a) the pecuniary penalty order is discharged; or\n- (b) the pecuniary penalty is paid; or\n- (c) the property is disposed of under an order under section 219 ; or\n- (d) the property is disposed of with the approval of— (i) the Supreme Court; or (ii) if the public trustee has been directed to take control of the property—the public trustee; or\n- (i) the Supreme Court; or\n- (ii) if the public trustee has been directed to take control of the property—the public trustee; or\n- (e) the property is sold to a buyer in good faith for sufficient consideration and without notice of the charge.\n- (i) the Supreme Court; or\n- (ii) if the public trustee has been directed to take control of the property—the public trustee; or","sortOrder":382},{"sectionNumber":"sec.197","sectionType":"section","heading":"Pecuniary penalty order to be registered","content":"### sec.197 Pecuniary penalty order to be registered\n\nThis section applies if a pecuniary penalty order has been made against a person.\nThe registrar of titles and any other person responsible for keeping registers relating to property must, on request and on production to the person of sufficient evidence of the order, record in the appropriate register a statement that the pecuniary penalty order has been made.\nThis section is to be given effect even though a relevant document of title is not produced to a registrar or any other person.\nThis section applies despite any other Act.\n(sec.197-ssec.1) This section applies if a pecuniary penalty order has been made against a person.\n(sec.197-ssec.2) The registrar of titles and any other person responsible for keeping registers relating to property must, on request and on production to the person of sufficient evidence of the order, record in the appropriate register a statement that the pecuniary penalty order has been made.\n(sec.197-ssec.3) This section is to be given effect even though a relevant document of title is not produced to a registrar or any other person.\n(sec.197-ssec.4) This section applies despite any other Act.","sortOrder":383},{"sectionNumber":"sec.198","sectionType":"section","heading":"Application of property under effective control for satisfying pecuniary penalty order","content":"### sec.198 Application of property under effective control for satisfying pecuniary penalty order\n\nThe State may apply to a court for an order declaring that particular property is under the effective control of a person against whom the court has made a pecuniary penalty order (the controlling person ).\nThe State must give written notice of the application to—\nthe controlling person; and\nanyone else the appropriate officer making the application for the State considers may have an interest in the property.\nThe controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\nIf the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the pecuniary penalty order to the extent to which property of the controlling person is not readily available for the purpose.\nThe pecuniary penalty order may be enforced against the property, to the extent stated in the declaration, as if the property were the controlling person’s property.\nThe court may also make a restraining order in relation to the property as if the property were the controlling person’s property.\nThe absence of a person required to be given notice of the application does not prevent a court from making the order.\n(sec.198-ssec.1) The State may apply to a court for an order declaring that particular property is under the effective control of a person against whom the court has made a pecuniary penalty order (the controlling person ).\n(sec.198-ssec.2) The State must give written notice of the application to— the controlling person; and anyone else the appropriate officer making the application for the State considers may have an interest in the property.\n(sec.198-ssec.3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\n(sec.198-ssec.4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the pecuniary penalty order to the extent to which property of the controlling person is not readily available for the purpose.\n(sec.198-ssec.5) The pecuniary penalty order may be enforced against the property, to the extent stated in the declaration, as if the property were the controlling person’s property.\n(sec.198-ssec.6) The court may also make a restraining order in relation to the property as if the property were the controlling person’s property.\n(sec.198-ssec.7) The absence of a person required to be given notice of the application does not prevent a court from making the order.\n- (a) the controlling person; and\n- (b) anyone else the appropriate officer making the application for the State considers may have an interest in the property.","sortOrder":384},{"sectionNumber":"sec.199","sectionType":"section","heading":"Rehearing","content":"### sec.199 Rehearing\n\nThis section applies if a pecuniary penalty order has been made against a person who was charged with a confiscation offence on the ground that the person is unamenable to justice.\nThe person or the State may apply to the court that made the order to have the order set aside.\nIf the applicant is the person against whom the order was made, the applicant must give notice of the application to the Attorney-General.\nThe Attorney-General may appear to oppose the grant of the application.\nThe court may set aside the order on the terms and conditions about costs or otherwise the court considers appropriate.\nIf the court sets aside the order, the court may rehear the application for the order immediately or at a later time fixed by the court.\n(sec.199-ssec.1) This section applies if a pecuniary penalty order has been made against a person who was charged with a confiscation offence on the ground that the person is unamenable to justice.\n(sec.199-ssec.2) The person or the State may apply to the court that made the order to have the order set aside.\n(sec.199-ssec.3) If the applicant is the person against whom the order was made, the applicant must give notice of the application to the Attorney-General.\n(sec.199-ssec.4) The Attorney-General may appear to oppose the grant of the application.\n(sec.199-ssec.5) The court may set aside the order on the terms and conditions about costs or otherwise the court considers appropriate.\n(sec.199-ssec.6) If the court sets aside the order, the court may rehear the application for the order immediately or at a later time fixed by the court.","sortOrder":385},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Special forfeiture order application","content":"# Special forfeiture order application","sortOrder":386},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application for special forfeiture order","content":"### sec.200 Application for special forfeiture order\n\nThis section applies if—\na person (the prescribed respondent ) has been convicted of a confiscation offence; and\nthe prescribed respondent, or someone else for the prescribed respondent, has derived, is deriving, or is to derive, benefits ( benefits ) from a contract entered on or after 12 May 1989 ( relevant contract ) about either of the following—\na depiction of the confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;\nan expression of the prescribed respondent’s thoughts, opinions or emotions about the confiscation offence.\nThe State may apply to the Supreme Court at any time for an order ( special forfeiture order ) that the prescribed respondent pay to the State an amount equal to all or part of the prescribed respondent’s benefits under the relevant contract.\nThis section applies to a contract made before or after the prescribed respondent’s conviction, whether in Queensland or elsewhere, including outside Australia.\ns 200 amd 2004 No. 43 s 39 ; 2010 No. 42 s 214 sch\n(sec.200-ssec.1) This section applies if— a person (the prescribed respondent ) has been convicted of a confiscation offence; and the prescribed respondent, or someone else for the prescribed respondent, has derived, is deriving, or is to derive, benefits ( benefits ) from a contract entered on or after 12 May 1989 ( relevant contract ) about either of the following— a depiction of the confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind; an expression of the prescribed respondent’s thoughts, opinions or emotions about the confiscation offence.\n(sec.200-ssec.2) The State may apply to the Supreme Court at any time for an order ( special forfeiture order ) that the prescribed respondent pay to the State an amount equal to all or part of the prescribed respondent’s benefits under the relevant contract.\n(sec.200-ssec.3) This section applies to a contract made before or after the prescribed respondent’s conviction, whether in Queensland or elsewhere, including outside Australia.\n- (a) a person (the prescribed respondent ) has been convicted of a confiscation offence; and\n- (b) the prescribed respondent, or someone else for the prescribed respondent, has derived, is deriving, or is to derive, benefits ( benefits ) from a contract entered on or after 12 May 1989 ( relevant contract ) about either of the following— (i) a depiction of the confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind; (ii) an expression of the prescribed respondent’s thoughts, opinions or emotions about the confiscation offence.\n- (i) a depiction of the confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;\n- (ii) an expression of the prescribed respondent’s thoughts, opinions or emotions about the confiscation offence.\n- (i) a depiction of the confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;\n- (ii) an expression of the prescribed respondent’s thoughts, opinions or emotions about the confiscation offence.","sortOrder":387},{"sectionNumber":"sec.201","sectionType":"section","heading":"Notice of application","content":"### sec.201 Notice of application\n\nThe State must give notice of the application to the prescribed respondent and anyone else mentioned in section 200 (1) (b) .\nThe Supreme Court may, at any time before finally deciding the application—\ndirect the State to give notice of the application to the persons, in the way and within the time the court considers appropriate; or\namend the notice of application as it considers appropriate, either at the State’s request or with the State’s approval.\nAnyone given notice of the application may appear at the hearing of the application.\n(sec.201-ssec.1) The State must give notice of the application to the prescribed respondent and anyone else mentioned in section 200 (1) (b) .\n(sec.201-ssec.2) The Supreme Court may, at any time before finally deciding the application— direct the State to give notice of the application to the persons, in the way and within the time the court considers appropriate; or amend the notice of application as it considers appropriate, either at the State’s request or with the State’s approval.\n(sec.201-ssec.3) Anyone given notice of the application may appear at the hearing of the application.\n- (a) direct the State to give notice of the application to the persons, in the way and within the time the court considers appropriate; or\n- (b) amend the notice of application as it considers appropriate, either at the State’s request or with the State’s approval.","sortOrder":388},{"sectionNumber":"sec.202","sectionType":"section","heading":"Making of special forfeiture order","content":"### sec.202 Making of special forfeiture order\n\nIf the Supreme Court is satisfied the prescribed respondent has derived, is deriving or will derive benefits under the relevant contract, the court may make a special forfeiture order.\nThe order must—\nstate, as the amount to be paid to the State, the amount assessed under part 2 as the value of the benefit derived under the relevant contract; and\ndirect any person who, under the relevant contract, is required to pay amounts to the prescribed respondent or another person, at the request or by the direction of the prescribed respondent, to pay the amounts to the State.\n(sec.202-ssec.1) If the Supreme Court is satisfied the prescribed respondent has derived, is deriving or will derive benefits under the relevant contract, the court may make a special forfeiture order.\n(sec.202-ssec.2) The order must— state, as the amount to be paid to the State, the amount assessed under part 2 as the value of the benefit derived under the relevant contract; and direct any person who, under the relevant contract, is required to pay amounts to the prescribed respondent or another person, at the request or by the direction of the prescribed respondent, to pay the amounts to the State.\n- (a) state, as the amount to be paid to the State, the amount assessed under part 2 as the value of the benefit derived under the relevant contract; and\n- (b) direct any person who, under the relevant contract, is required to pay amounts to the prescribed respondent or another person, at the request or by the direction of the prescribed respondent, to pay the amounts to the State.","sortOrder":389},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Assessment of benefits","content":"# Assessment of benefits","sortOrder":390},{"sectionNumber":"sec.203","sectionType":"section","heading":"Assessment of benefits","content":"### sec.203 Assessment of benefits\n\nWhen assessing the value of benefits derived or to be derived under a relevant contract, the Supreme Court must have regard to the evidence before it about the following—\nthe value of cash and other property that came into the possession or under the control of the prescribed respondent or someone else at the request, or by the direction, of the prescribed respondent because of the relevant contract;\nthe value of any benefit provided for the prescribed respondent or someone else at the request or by the direction of the prescribed respondent because of the relevant contract;\nthe value of the prescribed respondent’s property before and after the making of the relevant contract;\nthe prescribed respondent’s income and expenditure before and after the making of the relevant contract.\nThe court—\nmay treat as the value of the benefit the value the benefit would have had if received when the valuation is being made; and\nwithout limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was received and the time the valuation is being made.\n(sec.203-ssec.1) When assessing the value of benefits derived or to be derived under a relevant contract, the Supreme Court must have regard to the evidence before it about the following— the value of cash and other property that came into the possession or under the control of the prescribed respondent or someone else at the request, or by the direction, of the prescribed respondent because of the relevant contract; the value of any benefit provided for the prescribed respondent or someone else at the request or by the direction of the prescribed respondent because of the relevant contract; the value of the prescribed respondent’s property before and after the making of the relevant contract; the prescribed respondent’s income and expenditure before and after the making of the relevant contract.\n(sec.203-ssec.2) The court— may treat as the value of the benefit the value the benefit would have had if received when the valuation is being made; and without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was received and the time the valuation is being made.\n- (a) the value of cash and other property that came into the possession or under the control of the prescribed respondent or someone else at the request, or by the direction, of the prescribed respondent because of the relevant contract;\n- (b) the value of any benefit provided for the prescribed respondent or someone else at the request or by the direction of the prescribed respondent because of the relevant contract;\n- (c) the value of the prescribed respondent’s property before and after the making of the relevant contract;\n- (d) the prescribed respondent’s income and expenditure before and after the making of the relevant contract.\n- (a) may treat as the value of the benefit the value the benefit would have had if received when the valuation is being made; and\n- (b) without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the benefit was received and the time the valuation is being made.","sortOrder":391},{"sectionNumber":"sec.204","sectionType":"section","heading":"How particular amounts may be treated","content":"### sec.204 How particular amounts may be treated\n\nThis section applies if, at the hearing of an application for a special forfeiture order, evidence is given that the value of the prescribed respondent’s property after the making of the relevant contract was more than the value of the property before the making of the contract.\nThe Supreme Court must treat the difference as the value of the benefit received by the person from the contract, other than to the extent the court is satisfied the reason for the difference was not related to the making of the contract.\n(sec.204-ssec.1) This section applies if, at the hearing of an application for a special forfeiture order, evidence is given that the value of the prescribed respondent’s property after the making of the relevant contract was more than the value of the property before the making of the contract.\n(sec.204-ssec.2) The Supreme Court must treat the difference as the value of the benefit received by the person from the contract, other than to the extent the court is satisfied the reason for the difference was not related to the making of the contract.","sortOrder":392},{"sectionNumber":"sec.205","sectionType":"section","heading":"Property that may be taken into account for assessment","content":"### sec.205 Property that may be taken into account for assessment\n\nFor this part, the following property of a person is presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person because of the making of the relevant contract—\nall property of the prescribed respondent when the application for the special forfeiture order is made;\nall property of the prescribed respondent at any time within the shorter of the following periods—\nthe period between the day the relevant contract was made and the day the application is made;\nthe 5 years immediately before the day the application is made.\nFor subsection (1) , property of a person that vests in the official trustee in bankruptcy because of the person’s bankruptcy is taken to continue to be the property of the person.\ns 205 amd 2005 No. 70 s 166 sch\n(sec.205-ssec.1) For this part, the following property of a person is presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person because of the making of the relevant contract— all property of the prescribed respondent when the application for the special forfeiture order is made; all property of the prescribed respondent at any time within the shorter of the following periods— the period between the day the relevant contract was made and the day the application is made; the 5 years immediately before the day the application is made.\n(sec.205-ssec.2) For subsection (1) , property of a person that vests in the official trustee in bankruptcy because of the person’s bankruptcy is taken to continue to be the property of the person.\n- (a) all property of the prescribed respondent when the application for the special forfeiture order is made;\n- (b) all property of the prescribed respondent at any time within the shorter of the following periods— (i) the period between the day the relevant contract was made and the day the application is made; (ii) the 5 years immediately before the day the application is made.\n- (i) the period between the day the relevant contract was made and the day the application is made;\n- (ii) the 5 years immediately before the day the application is made.\n- (i) the period between the day the relevant contract was made and the day the application is made;\n- (ii) the 5 years immediately before the day the application is made.","sortOrder":393},{"sectionNumber":"sec.206","sectionType":"section","heading":"Property under effective control","content":"### sec.206 Property under effective control\n\nIn assessing the value of benefits derived by a person from a relevant contract, the Supreme Court may treat as property of the person any property that, in the court’s opinion, is under the effective control of the person.","sortOrder":394},{"sectionNumber":"sec.207","sectionType":"section","heading":"Expenses and outgoings","content":"### sec.207 Expenses and outgoings\n\nFor this part, any expenses or outgoings of the person in connection with the relevant contract must be disregarded.","sortOrder":395},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":396},{"sectionNumber":"sec.208","sectionType":"section","heading":"Application of property under effective control for satisfying special forfeiture order","content":"### sec.208 Application of property under effective control for satisfying special forfeiture order\n\nThe State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a special forfeiture order (the controlling person ).\nThe State must give written notice of the application to—\nthe controlling person; and\nanyone else the appropriate officer making the application for the State considers may have an interest in the property.\nThe controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\nIf the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the special forfeiture order to the extent to which property of the controlling person is not readily available for the purpose.\nThe special forfeiture order may be enforced against the property, to the extent stated in the declaration, as if the property were the controlling person’s property.\nThe court may also make a restraining order in relation to the property as if the property were the controlling person’s property.\nThe absence of a person required to be given notice of the application does not prevent the court from making the order.\n(sec.208-ssec.1) The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a special forfeiture order (the controlling person ).\n(sec.208-ssec.2) The State must give written notice of the application to— the controlling person; and anyone else the appropriate officer making the application for the State considers may have an interest in the property.\n(sec.208-ssec.3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.\n(sec.208-ssec.4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the special forfeiture order to the extent to which property of the controlling person is not readily available for the purpose.\n(sec.208-ssec.5) The special forfeiture order may be enforced against the property, to the extent stated in the declaration, as if the property were the controlling person’s property.\n(sec.208-ssec.6) The court may also make a restraining order in relation to the property as if the property were the controlling person’s property.\n(sec.208-ssec.7) The absence of a person required to be given notice of the application does not prevent the court from making the order.\n- (a) the controlling person; and\n- (b) anyone else the appropriate officer making the application for the State considers may have an interest in the property.","sortOrder":397},{"sectionNumber":"sec.209","sectionType":"section","heading":"Effect of special forfeiture order","content":"### sec.209 Effect of special forfeiture order\n\nThe amount stated in a special forfeiture order is a debt payable by the prescribed respondent to the State.\nThe special forfeiture order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the special forfeiture order.\nA person who pays an amount payable under a relevant contract to the State as directed under a special forfeiture order is discharged from the terms of the relevant contract.\n(sec.209-ssec.1) The amount stated in a special forfeiture order is a debt payable by the prescribed respondent to the State.\n(sec.209-ssec.2) The special forfeiture order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the special forfeiture order.\n(sec.209-ssec.3) A person who pays an amount payable under a relevant contract to the State as directed under a special forfeiture order is discharged from the terms of the relevant contract.","sortOrder":398},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application of amounts paid to the State under this chapter","content":"### sec.210 Application of amounts paid to the State under this chapter\n\nThe Governor in Council may direct that an amount paid to the State under a special forfeiture order must be applied to satisfy—\nan order made under the Penalties and Sentences Act 1992 requiring the prescribed respondent to make restitution or pay compensation; or\nan order made by a court requiring the prescribed respondent to pay damages to a person for injury suffered by the person because of the commission of the confiscation offence or alleged confiscation offence to which the relevant contract relates.\nIf an order mentioned in subsection (1) has been made and has not been satisfied, the person in whose favour it was made may, within 5 years after the day the order was made, apply to the Attorney-General for the order to be satisfied out of money paid to the State under a special forfeiture order.\nAfter the end of the 5 years, money paid to the State under a special forfeiture order must be paid to the consolidated fund and any application by a person under subsection (2) is absolutely barred.\n(sec.210-ssec.1) The Governor in Council may direct that an amount paid to the State under a special forfeiture order must be applied to satisfy— an order made under the Penalties and Sentences Act 1992 requiring the prescribed respondent to make restitution or pay compensation; or an order made by a court requiring the prescribed respondent to pay damages to a person for injury suffered by the person because of the commission of the confiscation offence or alleged confiscation offence to which the relevant contract relates.\n(sec.210-ssec.2) If an order mentioned in subsection (1) has been made and has not been satisfied, the person in whose favour it was made may, within 5 years after the day the order was made, apply to the Attorney-General for the order to be satisfied out of money paid to the State under a special forfeiture order.\n(sec.210-ssec.3) After the end of the 5 years, money paid to the State under a special forfeiture order must be paid to the consolidated fund and any application by a person under subsection (2) is absolutely barred.\n- (a) an order made under the Penalties and Sentences Act 1992 requiring the prescribed respondent to make restitution or pay compensation; or\n- (b) an order made by a court requiring the prescribed respondent to pay damages to a person for injury suffered by the person because of the commission of the confiscation offence or alleged confiscation offence to which the relevant contract relates.","sortOrder":399},{"sectionNumber":"sec.211","sectionType":"section","heading":"Special forfeiture order to be registered","content":"### sec.211 Special forfeiture order to be registered\n\nThe registrar of titles and any other person responsible for keeping registers relating to property must, on request and on production to the person of sufficient evidence of a special forfeiture order record in the appropriate register a statement that the order has been made.\nThis section is to be given effect even though any relevant document of title is not produced to a registrar or any other person.\nThis section applies despite any other Act.\n(sec.211-ssec.1) The registrar of titles and any other person responsible for keeping registers relating to property must, on request and on production to the person of sufficient evidence of a special forfeiture order record in the appropriate register a statement that the order has been made.\n(sec.211-ssec.2) This section is to be given effect even though any relevant document of title is not produced to a registrar or any other person.\n(sec.211-ssec.3) This section applies despite any other Act.","sortOrder":400},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Powers of public trustee","content":"# Powers of public trustee","sortOrder":401},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Provisions for satisfying particular orders","content":"## Provisions for satisfying particular orders","sortOrder":402},{"sectionNumber":"sec.217","sectionType":"section","heading":"Definition for div 1","content":"### sec.217 Definition for div 1\n\nIn this division—\nrelevant court means—\nthe Supreme Court; or\nif the confiscation order was made by another court—the court that made the order.\n- (a) the Supreme Court; or\n- (b) if the confiscation order was made by another court—the court that made the order.","sortOrder":403},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application of div 1","content":"### sec.218 Application of div 1\n\nThis part applies if the public trustee has taken control of restrained property because of a direction in a restraining order and—\na confiscation order is made against the person entitled to the restrained property; or\nthe property is automatically forfeited.\n- (a) a confiscation order is made against the person entitled to the restrained property; or\n- (b) the property is automatically forfeited.","sortOrder":404},{"sectionNumber":"sec.219","sectionType":"section","heading":"Public trustee may apply for order for satisfying liability because of confiscation order or automatic forfeiture","content":"### sec.219 Public trustee may apply for order for satisfying liability because of confiscation order or automatic forfeiture\n\nThe public trustee may apply to a relevant court for an order directing the public trustee to pay to the consolidated fund out of property under the control of the public trustee—\nthe amount the Attorney-General decides is the value, as at the time of the decision, of—\nthe property forfeited under a forfeiture order or a serious drug offender confiscation order; or\nthe automatically forfeited property; or\nthe amount ordered to be paid under a proceeds assessment order, an unexplained wealth order or a pecuniary penalty order.\nThe relevant court may order the public trustee to pay a stated amount to the consolidated fund from the proceeds realised by the public trustee from the property or the disposal of the property.\nThe relevant court may make any other order the court considers necessary to enable the public trustee to comply with the order, including, but not limited to the following—\nan order directing the public trustee to dispose of stated property under the control of the public trustee;\nan order authorising a stated person to sign any document or to do anything else necessary to enable the public trustee to dispose of property under the control of the public trustee;\nan order specifying the person to whom the public trustee should pay any amount remaining after making the payments authorised under section 220 (1) (a) , (b) and (c) .\nThe relevant court may make an order under subsection (3) when it makes an order under subsection (2) or, on the application of the public trustee, at a later time.\ns 219 amd 2010 No. 42 s 214 sch ; 2013 No. 21 s 51\n(sec.219-ssec.1) The public trustee may apply to a relevant court for an order directing the public trustee to pay to the consolidated fund out of property under the control of the public trustee— the amount the Attorney-General decides is the value, as at the time of the decision, of— the property forfeited under a forfeiture order or a serious drug offender confiscation order; or the automatically forfeited property; or the amount ordered to be paid under a proceeds assessment order, an unexplained wealth order or a pecuniary penalty order.\n(sec.219-ssec.2) The relevant court may order the public trustee to pay a stated amount to the consolidated fund from the proceeds realised by the public trustee from the property or the disposal of the property.\n(sec.219-ssec.3) The relevant court may make any other order the court considers necessary to enable the public trustee to comply with the order, including, but not limited to the following— an order directing the public trustee to dispose of stated property under the control of the public trustee; an order authorising a stated person to sign any document or to do anything else necessary to enable the public trustee to dispose of property under the control of the public trustee; an order specifying the person to whom the public trustee should pay any amount remaining after making the payments authorised under section 220 (1) (a) , (b) and (c) .\n(sec.219-ssec.4) The relevant court may make an order under subsection (3) when it makes an order under subsection (2) or, on the application of the public trustee, at a later time.\n- (a) the amount the Attorney-General decides is the value, as at the time of the decision, of— (i) the property forfeited under a forfeiture order or a serious drug offender confiscation order; or (ii) the automatically forfeited property; or\n- (i) the property forfeited under a forfeiture order or a serious drug offender confiscation order; or\n- (ii) the automatically forfeited property; or\n- (b) the amount ordered to be paid under a proceeds assessment order, an unexplained wealth order or a pecuniary penalty order.\n- (i) the property forfeited under a forfeiture order or a serious drug offender confiscation order; or\n- (ii) the automatically forfeited property; or\n- (a) an order directing the public trustee to dispose of stated property under the control of the public trustee;\n- (b) an order authorising a stated person to sign any document or to do anything else necessary to enable the public trustee to dispose of property under the control of the public trustee;\n- (c) an order specifying the person to whom the public trustee should pay any amount remaining after making the payments authorised under section 220 (1) (a) , (b) and (c) .","sortOrder":405},{"sectionNumber":"sec.220","sectionType":"section","heading":"Application of proceeds to satisfy order","content":"### sec.220 Application of proceeds to satisfy order\n\nProceeds realised by the public trustee from the property or the disposal of the property must be applied as follows—\nfirst, in payment of fees or charges payable to the public trustee under section 223 ;\nsecond, in payment of expenses incurred by the public trustee in disposing of the property;\nthird, in payment to the consolidated fund of the amount stated in the order of the relevant court under section 219 (1) ;\nfourth, if the relevant court makes an order of a kind mentioned in section 219 (3) (c) , in payment of any remainder to the person specified by the relevant court;\nfifth, in payment of any remainder to the person who appears to the public trustee to be entitled to the remainder of the proceeds.\nFor subsection (1) , proceeds realised from the disposal of the property means the proceeds that remain after all registered or statutory encumbrances over the property have been discharged.\nThe interest of the public trustee in the proceeds realised from the property or the disposal of the property is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\ns 220 amd 2004 No. 43 s 40 ; 2010 No. 44 s 174\n(sec.220-ssec.1) Proceeds realised by the public trustee from the property or the disposal of the property must be applied as follows— first, in payment of fees or charges payable to the public trustee under section 223 ; second, in payment of expenses incurred by the public trustee in disposing of the property; third, in payment to the consolidated fund of the amount stated in the order of the relevant court under section 219 (1) ; fourth, if the relevant court makes an order of a kind mentioned in section 219 (3) (c) , in payment of any remainder to the person specified by the relevant court; fifth, in payment of any remainder to the person who appears to the public trustee to be entitled to the remainder of the proceeds.\n(sec.220-ssec.2) For subsection (1) , proceeds realised from the disposal of the property means the proceeds that remain after all registered or statutory encumbrances over the property have been discharged.\n(sec.220-ssec.3) The interest of the public trustee in the proceeds realised from the property or the disposal of the property is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n- (a) first, in payment of fees or charges payable to the public trustee under section 223 ;\n- (b) second, in payment of expenses incurred by the public trustee in disposing of the property;\n- (c) third, in payment to the consolidated fund of the amount stated in the order of the relevant court under section 219 (1) ;\n- (d) fourth, if the relevant court makes an order of a kind mentioned in section 219 (3) (c) , in payment of any remainder to the person specified by the relevant court;\n- (e) fifth, in payment of any remainder to the person who appears to the public trustee to be entitled to the remainder of the proceeds.","sortOrder":406},{"sectionNumber":"sec.221","sectionType":"section","heading":"Effect of payment under s 220","content":"### sec.221 Effect of payment under s 220\n\nOn the payment of an amount to the consolidated fund under section 219 , the liability of a person under a confiscation order or because of the automatic forfeiture of property to which the payment relates is, to the extent of the payment, discharged.","sortOrder":407},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":408},{"sectionNumber":"sec.222","sectionType":"section","heading":"If public trustee directed to take control of restrained property","content":"### sec.222 If public trustee directed to take control of restrained property\n\nA direction of a court requiring the public trustee to take control of restrained property is sufficient authority for the public trustee to do anything necessary or desirable to be done to give effect to the order.","sortOrder":409},{"sectionNumber":"sec.223","sectionType":"section","heading":"Public trustee’s fees and charges","content":"### sec.223 Public trustee’s fees and charges\n\nIf the public trustee controls property under this Act, the public trustee may charge and receive, for controlling the property and any income from it, the fees or charges the public trustee may charge an estate under administration under the Public Trustee Act 1978 .","sortOrder":410},{"sectionNumber":"sec.224","sectionType":"section","heading":"Public trustee’s liability for rates etc.","content":"### sec.224 Public trustee’s liability for rates etc.\n\nOn taking control of property under a restraining order, the public trustee becomes liable, to the extent of the rents and profits received by the public trustee from the property on or after that date, to pay any rates, land tax or municipal or other statutory charges that—\nare imposed under a law of the State on or in relation to the restrained property; and\nbecome payable on or after the date of the restraining order.\nAlso, if the public trustee takes control of a person’s business under a restraining order and carries on that business, the public trustee is not personally liable for—\nany payment for long service leave for which that person was liable; or\nany payment for long service leave to which a person employed by the public trustee to manage the business, or the legal personal representative of that person, becomes entitled after the date of the restraining order; or\nany debts incurred by the person in relation to the business that the person was liable to pay.\n(sec.224-ssec.1) On taking control of property under a restraining order, the public trustee becomes liable, to the extent of the rents and profits received by the public trustee from the property on or after that date, to pay any rates, land tax or municipal or other statutory charges that— are imposed under a law of the State on or in relation to the restrained property; and become payable on or after the date of the restraining order.\n(sec.224-ssec.2) Also, if the public trustee takes control of a person’s business under a restraining order and carries on that business, the public trustee is not personally liable for— any payment for long service leave for which that person was liable; or any payment for long service leave to which a person employed by the public trustee to manage the business, or the legal personal representative of that person, becomes entitled after the date of the restraining order; or any debts incurred by the person in relation to the business that the person was liable to pay.\n- (a) are imposed under a law of the State on or in relation to the restrained property; and\n- (b) become payable on or after the date of the restraining order.\n- (a) any payment for long service leave for which that person was liable; or\n- (b) any payment for long service leave to which a person employed by the public trustee to manage the business, or the legal personal representative of that person, becomes entitled after the date of the restraining order; or\n- (c) any debts incurred by the person in relation to the business that the person was liable to pay.","sortOrder":411},{"sectionNumber":"sec.225","sectionType":"section","heading":"Agents for public trustee","content":"### sec.225 Agents for public trustee\n\nIf the public trustee controls property under a restraining order, the public trustee may appoint a person as agent of the public trustee for this Act only with the leave of the Supreme Court.\nThe appointment must specify the powers of the public trustee that the agent may perform in relation to property.\nThis section applies despite the Public Trustee Act 1978 .\n(sec.225-ssec.1) If the public trustee controls property under a restraining order, the public trustee may appoint a person as agent of the public trustee for this Act only with the leave of the Supreme Court.\n(sec.225-ssec.2) The appointment must specify the powers of the public trustee that the agent may perform in relation to property.\n(sec.225-ssec.3) This section applies despite the Public Trustee Act 1978 .","sortOrder":412},{"sectionNumber":"sec.226","sectionType":"section","heading":"Obstruction","content":"### sec.226 Obstruction\n\nA person must not hinder or obstruct the public trustee or an officer of the public trustee in the performance of the public trustee’s functions under a restraining order.\nMaximum penalty—25 penalty units or 6 months imprisonment.\nIn this section—\nofficer , of the public trustee, means a public service employee whose duties include performing functions for the public trustee under this Act.\n(sec.226-ssec.1) A person must not hinder or obstruct the public trustee or an officer of the public trustee in the performance of the public trustee’s functions under a restraining order. Maximum penalty—25 penalty units or 6 months imprisonment.\n(sec.226-ssec.2) In this section— officer , of the public trustee, means a public service employee whose duties include performing functions for the public trustee under this Act.","sortOrder":413},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Legal aid","content":"# Legal aid","sortOrder":414},{"sectionNumber":"sec.227","sectionType":"section","heading":"Legal Aid Act","content":"### sec.227 Legal Aid Act\n\nThis part applies despite the Legal Aid Act .\nAlso, this part applies only to an application for legal assistance under the Legal Aid Act in relation to—\na proceeding under this Act; or\na criminal proceeding, including any proceeding on appeal against conviction or sentence.\n(sec.227-ssec.1) This part applies despite the Legal Aid Act .\n(sec.227-ssec.2) Also, this part applies only to an application for legal assistance under the Legal Aid Act in relation to— a proceeding under this Act; or a criminal proceeding, including any proceeding on appeal against conviction or sentence.\n- (a) a proceeding under this Act; or\n- (b) a criminal proceeding, including any proceeding on appeal against conviction or sentence.","sortOrder":415},{"sectionNumber":"sec.228","sectionType":"section","heading":"Matters not to be taken into account in deciding application for legal assistance","content":"### sec.228 Matters not to be taken into account in deciding application for legal assistance\n\nThis section applies to an application for legal assistance under the Legal Aid Act by a person whose property is restrained under a restraining order under this Act.\nIn applying the criteria under the Legal Aid Act to the application for legal assistance, Legal Aid must not take the restrained property into account.\n(sec.228-ssec.1) This section applies to an application for legal assistance under the Legal Aid Act by a person whose property is restrained under a restraining order under this Act.\n(sec.228-ssec.2) In applying the criteria under the Legal Aid Act to the application for legal assistance, Legal Aid must not take the restrained property into account.","sortOrder":416},{"sectionNumber":"sec.229","sectionType":"section","heading":"Legal Aid may require charge over property","content":"### sec.229 Legal Aid may require charge over property\n\nIt is not a contravention of a restraining order for Legal Aid to impose a condition on an approval to give legal assistance requiring the person to be assisted to give Legal Aid a charge over restrained property.\nIf Legal Aid takes a charge over restrained property, Legal Aid must give the DPP notice of the charge.\n(sec.229-ssec.1) It is not a contravention of a restraining order for Legal Aid to impose a condition on an approval to give legal assistance requiring the person to be assisted to give Legal Aid a charge over restrained property.\n(sec.229-ssec.2) If Legal Aid takes a charge over restrained property, Legal Aid must give the DPP notice of the charge.","sortOrder":417},{"sectionNumber":"sec.230","sectionType":"section","heading":"Effect of forfeiture on charge","content":"### sec.230 Effect of forfeiture on charge\n\nOn the forfeiture of property under this Act, a charge that is enforceable under the Legal Aid Act continues to have effect and may be satisfied out of the proceeds of the disposal of the forfeited property.\nThe Legal Aid Act contains provisions allowing Legal Aid to enforce charges over property that is not forfeited under this Act.","sortOrder":418},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":419},{"sectionNumber":"sec.231","sectionType":"section","heading":"Definitions for ch 7","content":"### sec.231 Definitions for ch 7\n\nIn this chapter—\nrelevant order means—\nan interstate forfeiture order that expressly applies to stated property in Queensland; or\nan interstate restraining order that expressly applies to—\nstated property in Queensland; or\nall property in Queensland of a stated person, including property acquired by the person after the making of the order.\nsealed , of a copy of a relevant order, means sealed by the court that made the order.\n- (a) an interstate forfeiture order that expressly applies to stated property in Queensland; or\n- (b) an interstate restraining order that expressly applies to— (i) stated property in Queensland; or (ii) all property in Queensland of a stated person, including property acquired by the person after the making of the order.\n- (i) stated property in Queensland; or\n- (ii) all property in Queensland of a stated person, including property acquired by the person after the making of the order.\n- (i) stated property in Queensland; or\n- (ii) all property in Queensland of a stated person, including property acquired by the person after the making of the order.","sortOrder":420},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Provisions about filing interstate orders","content":"# Provisions about filing interstate orders","sortOrder":421},{"sectionNumber":"sec.232","sectionType":"section","heading":"Filing of interstate orders","content":"### sec.232 Filing of interstate orders\n\nAn appropriate person may file in the Supreme Court a sealed copy of a relevant order.\nAlso, an appropriate person may file in the Supreme Court a sealed copy of an amendment made to a relevant order, whether the amendment was made before or after the filing of the relevant order.\nIf a relevant order is filed under subsection (1) , an amendment made to the order has no effect under this Act until it is filed.\nThe Supreme Court may refuse to file a relevant order to the extent that the order would not, on filing, be capable of enforcement in Queensland.\nIn this section—\nappropriate person , for filing a relevant order, means—\nthe applicant for the order; or\nthe Attorney-General; or\na person prescribed under a regulation as an appropriate person for this section.\n(sec.232-ssec.1) An appropriate person may file in the Supreme Court a sealed copy of a relevant order.\n(sec.232-ssec.2) Also, an appropriate person may file in the Supreme Court a sealed copy of an amendment made to a relevant order, whether the amendment was made before or after the filing of the relevant order.\n(sec.232-ssec.3) If a relevant order is filed under subsection (1) , an amendment made to the order has no effect under this Act until it is filed.\n(sec.232-ssec.4) The Supreme Court may refuse to file a relevant order to the extent that the order would not, on filing, be capable of enforcement in Queensland.\n(sec.232-ssec.5) In this section— appropriate person , for filing a relevant order, means— the applicant for the order; or the Attorney-General; or a person prescribed under a regulation as an appropriate person for this section.\n- (a) the applicant for the order; or\n- (b) the Attorney-General; or\n- (c) a person prescribed under a regulation as an appropriate person for this section.","sortOrder":422},{"sectionNumber":"sec.233","sectionType":"section","heading":"Interim filing of facsimile copies","content":"### sec.233 Interim filing of facsimile copies\n\nThis section applies if—\nan appropriate person mentioned in section 232 files in the Supreme Court a facsimile copy of a sealed copy of a relevant order or an amendment made to a relevant order; and\nthe facsimile copy otherwise complies with any requirements for filing orders under the Uniform Civil Procedure Rules 1999 .\nThe Supreme Court must treat the facsimile copy as a sealed copy of the relevant order or the amendment made to the relevant order.\nHowever, if the sealed copy of the relevant order or amendment is not filed within 10 days after the facsimile copy is filed, the effect of filing the facsimile copy ends.\nIf the sealed copy of the relevant order or amendment is filed within 10 days after the facsimile copy is filed, the sealed copy is taken to have been filed on the day the facsimile copy was filed.\nDespite the effect of filing a facsimile copy of a relevant order or amendment ending in circumstances mentioned in subsection (3) , any forfeiture already made in relation to the order is not affected.\n(sec.233-ssec.1) This section applies if— an appropriate person mentioned in section 232 files in the Supreme Court a facsimile copy of a sealed copy of a relevant order or an amendment made to a relevant order; and the facsimile copy otherwise complies with any requirements for filing orders under the Uniform Civil Procedure Rules 1999 .\n(sec.233-ssec.2) The Supreme Court must treat the facsimile copy as a sealed copy of the relevant order or the amendment made to the relevant order.\n(sec.233-ssec.3) However, if the sealed copy of the relevant order or amendment is not filed within 10 days after the facsimile copy is filed, the effect of filing the facsimile copy ends.\n(sec.233-ssec.4) If the sealed copy of the relevant order or amendment is filed within 10 days after the facsimile copy is filed, the sealed copy is taken to have been filed on the day the facsimile copy was filed.\n(sec.233-ssec.5) Despite the effect of filing a facsimile copy of a relevant order or amendment ending in circumstances mentioned in subsection (3) , any forfeiture already made in relation to the order is not affected.\n- (a) an appropriate person mentioned in section 232 files in the Supreme Court a facsimile copy of a sealed copy of a relevant order or an amendment made to a relevant order; and\n- (b) the facsimile copy otherwise complies with any requirements for filing orders under the Uniform Civil Procedure Rules 1999 .","sortOrder":423},{"sectionNumber":"sec.234","sectionType":"section","heading":"Effect of filing interstate forfeiture order","content":"### sec.234 Effect of filing interstate forfeiture order\n\nAn interstate forfeiture order that is filed under this chapter is taken for this Act to be a forfeiture order under this Act until—\nit ceases to be in force in the State in which it was made; or\nits filing is cancelled under this Act.\nHowever—\na person may not apply for, and a court may not make the following orders under this Act in relation to the property—\nan exclusion order;\nan innocent interest exclusion order;\na third party order;\na buy-back order;\na release order;\nan order under section 176 ; and\nthe order may not be discharged under this Act; and\nthe DPP is not required to give notice as required under section 174 ; and\nthe State may not dispose of the property under this Act; and\nthe Attorney-General may not give directions under this Act about the disposal of forfeited property; and\nan appeal against the order does not lie under this Act.\ns 234 amd 2004 No. 43 s 3 sch\n(sec.234-ssec.1) An interstate forfeiture order that is filed under this chapter is taken for this Act to be a forfeiture order under this Act until— it ceases to be in force in the State in which it was made; or its filing is cancelled under this Act.\n(sec.234-ssec.2) However— a person may not apply for, and a court may not make the following orders under this Act in relation to the property— an exclusion order; an innocent interest exclusion order; a third party order; a buy-back order; a release order; an order under section 176 ; and the order may not be discharged under this Act; and the DPP is not required to give notice as required under section 174 ; and the State may not dispose of the property under this Act; and the Attorney-General may not give directions under this Act about the disposal of forfeited property; and an appeal against the order does not lie under this Act.\n- (a) it ceases to be in force in the State in which it was made; or\n- (b) its filing is cancelled under this Act.\n- (a) a person may not apply for, and a court may not make the following orders under this Act in relation to the property— (i) an exclusion order; (ii) an innocent interest exclusion order; (iii) a third party order; (iv) a buy-back order; (v) a release order; (vi) an order under section 176 ; and\n- (i) an exclusion order;\n- (ii) an innocent interest exclusion order;\n- (iii) a third party order;\n- (iv) a buy-back order;\n- (v) a release order;\n- (vi) an order under section 176 ; and\n- (b) the order may not be discharged under this Act; and\n- (c) the DPP is not required to give notice as required under section 174 ; and\n- (d) the State may not dispose of the property under this Act; and\n- (e) the Attorney-General may not give directions under this Act about the disposal of forfeited property; and\n- (f) an appeal against the order does not lie under this Act.\n- (i) an exclusion order;\n- (ii) an innocent interest exclusion order;\n- (iii) a third party order;\n- (iv) a buy-back order;\n- (v) a release order;\n- (vi) an order under section 176 ; and","sortOrder":424},{"sectionNumber":"sec.235","sectionType":"section","heading":"Effect of filing interstate restraining order","content":"### sec.235 Effect of filing interstate restraining order\n\nAn interstate restraining order that is filed under this chapter is taken for this Act to be a restraining order made under this Act until—\nit ceases to be in force in the State in which it was made; or\nits filing is cancelled under this Act.\nHowever—\na condition may not be imposed on the restraining order under this Act; and\nthe public trustee can not be directed under this Act to take control of the property; and\nnotice of the making of the restraining order is not required to be given under this Act; and\na person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and\na person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and\na court may not make any other orders in relation to the restrained property; and\nthe duration of the restraining order must not be decided under this Act; and\nthe property is not charged in favour of the State; and\nthe public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and\nan appeal does not lie against the order under this Act.\nSubsection (2) (h) is subject to section 237 .\n(sec.235-ssec.1) An interstate restraining order that is filed under this chapter is taken for this Act to be a restraining order made under this Act until— it ceases to be in force in the State in which it was made; or its filing is cancelled under this Act.\n(sec.235-ssec.2) However— a condition may not be imposed on the restraining order under this Act; and the public trustee can not be directed under this Act to take control of the property; and notice of the making of the restraining order is not required to be given under this Act; and a person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and a person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and a court may not make any other orders in relation to the restrained property; and the duration of the restraining order must not be decided under this Act; and the property is not charged in favour of the State; and the public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and an appeal does not lie against the order under this Act.\n(sec.235-ssec.3) Subsection (2) (h) is subject to section 237 .\n- (a) it ceases to be in force in the State in which it was made; or\n- (b) its filing is cancelled under this Act.\n- (a) a condition may not be imposed on the restraining order under this Act; and\n- (b) the public trustee can not be directed under this Act to take control of the property; and\n- (c) notice of the making of the restraining order is not required to be given under this Act; and\n- (d) a person may not apply to a court for, and a court may not make, an order under this Act excluding the property from the interstate restraining order; and\n- (e) a person may not apply for, and the Supreme Court may not make, an order under this Act that the property be sold; and\n- (f) a court may not make any other orders in relation to the restrained property; and\n- (g) the duration of the restraining order must not be decided under this Act; and\n- (h) the property is not charged in favour of the State; and\n- (i) the public trustee may not apply under chapter 6 , part 1 , division 1 for orders about satisfying a person’s liability under this Act; and\n- (j) an appeal does not lie against the order under this Act.","sortOrder":425},{"sectionNumber":"sec.236","sectionType":"section","heading":"Cancellation of filing","content":"### sec.236 Cancellation of filing\n\nThe Supreme Court may cancel the filing of a relevant order if the court is satisfied—\nfiling was improperly obtained; or\nparticulars of any amendments made to the order, or of any ancillary orders or directions made by a court, are not given to the Supreme Court under the Uniform Civil Procedure Rules 1999 .\nAlso, the Supreme Court may cancel the filing of a relevant order to the extent that the order is not capable of enforcement in Queensland.\ns 236 amd 2009 No. 2 s 53\n(sec.236-ssec.1) The Supreme Court may cancel the filing of a relevant order if the court is satisfied— filing was improperly obtained; or particulars of any amendments made to the order, or of any ancillary orders or directions made by a court, are not given to the Supreme Court under the Uniform Civil Procedure Rules 1999 .\n(sec.236-ssec.2) Also, the Supreme Court may cancel the filing of a relevant order to the extent that the order is not capable of enforcement in Queensland.\n- (a) filing was improperly obtained; or\n- (b) particulars of any amendments made to the order, or of any ancillary orders or directions made by a court, are not given to the Supreme Court under the Uniform Civil Procedure Rules 1999 .","sortOrder":426},{"sectionNumber":"sec.237","sectionType":"section","heading":"Charge on property subject to filed interstate restraining order and interstate pecuniary penalty order","content":"### sec.237 Charge on property subject to filed interstate restraining order and interstate pecuniary penalty order\n\nThis section applies if—\nan interstate restraining order is filed under this Act; and\nan interstate pecuniary penalty order is filed under the Service and Execution of Process Act 1992 (Cwlth) .\nWhen the orders are filed, a charge on the property restrained under the interstate restraining order is created to secure payment of the amount payable under the interstate pecuniary penalty order.\nThe charge is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\nThe charge ceases to have effect when under the relevant corresponding law the charge created on the making of the pecuniary penalty order ceases to have any effect.\nSection 196 (4) , (5) and (6) apply to the charge in the same way and to the same extent as they apply to a charge created by section 196 (2) .\ns 237 amd 2010 No. 44 s 175 ; 2014 No. 39 s 38 ; 2020 No. 15 s 59\n(sec.237-ssec.1) This section applies if— an interstate restraining order is filed under this Act; and an interstate pecuniary penalty order is filed under the Service and Execution of Process Act 1992 (Cwlth) .\n(sec.237-ssec.2) When the orders are filed, a charge on the property restrained under the interstate restraining order is created to secure payment of the amount payable under the interstate pecuniary penalty order.\n(sec.237-ssec.2A) The charge is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n(sec.237-ssec.3) The charge ceases to have effect when under the relevant corresponding law the charge created on the making of the pecuniary penalty order ceases to have any effect.\n(sec.237-ssec.4) Section 196 (4) , (5) and (6) apply to the charge in the same way and to the same extent as they apply to a charge created by section 196 (2) .\n- (a) an interstate restraining order is filed under this Act; and\n- (b) an interstate pecuniary penalty order is filed under the Service and Execution of Process Act 1992 (Cwlth) .","sortOrder":427},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Provisions about property seized under interstate orders and search warrants","content":"# Provisions about property seized under interstate orders and search warrants","sortOrder":428},{"sectionNumber":"sec.238","sectionType":"section","heading":"Pt 3 does not affect particular provisions","content":"### sec.238 Pt 3 does not affect particular provisions\n\nThis part does not affect or otherwise limit—\nthe Crime and Corruption Act 2001 , chapter 3 , part 5 ; or\nthe Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 , division 2 ; or\nthe Justices Act 1886 , section 39 .\ns 238 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2010 No. 42 s 214 sch ; 2014 No. 21 s 94 (2) sch 2\n- (a) the Crime and Corruption Act 2001 , chapter 3 , part 5 ; or\n- (b) the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 , division 2 ; or\n- (c) the Justices Act 1886 , section 39 .","sortOrder":429},{"sectionNumber":"sec.239","sectionType":"section","heading":"Interstate order about return of seized property","content":"### sec.239 Interstate order about return of seized property\n\nIf property has been seized under a search warrant issued in reliance on the commission of an interstate confiscation offence and a court of the other State makes either of the following orders, the order must, as far as possible, be given effect in Queensland—\nan order directing that the property be returned to the person from whose possession it was seized;\nan order directing that the person be allowed access to the property.\nThe order has effect as if it were an order for the return of the property made under either of the following—\nfor property in the possession of the commission—the Crime and Corruption Act 2001 , section 114 ;\nfor property in the possession of the police service—the Police Powers and Responsibilities Act 2000 , section 696 .\ns 239 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (2) sch 2\n(sec.239-ssec.1) If property has been seized under a search warrant issued in reliance on the commission of an interstate confiscation offence and a court of the other State makes either of the following orders, the order must, as far as possible, be given effect in Queensland— an order directing that the property be returned to the person from whose possession it was seized; an order directing that the person be allowed access to the property.\n(sec.239-ssec.2) The order has effect as if it were an order for the return of the property made under either of the following— for property in the possession of the commission—the Crime and Corruption Act 2001 , section 114 ; for property in the possession of the police service—the Police Powers and Responsibilities Act 2000 , section 696 .\n- (a) an order directing that the property be returned to the person from whose possession it was seized;\n- (b) an order directing that the person be allowed access to the property.\n- (a) for property in the possession of the commission—the Crime and Corruption Act 2001 , section 114 ;\n- (b) for property in the possession of the police service—the Police Powers and Responsibilities Act 2000 , section 696 .","sortOrder":430},{"sectionNumber":"sec.240","sectionType":"section","heading":"Order about property seized in another State for which court refuses to make forfeiture order","content":"### sec.240 Order about property seized in another State for which court refuses to make forfeiture order\n\nThis section applies if—\nproperty has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and\nan application has been made to a court for a forfeiture order in relation to the property; and\nthe court refuses to make the forfeiture order.\nThe court must make an order directing that the property be returned to the person from whose possession it was seized.\nIn this section—\nproperty seized under a search warrant does not include—\nproperty used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or\nproperty derived by anyone from the commission of an interstate confiscation offence.\n(sec.240-ssec.1) This section applies if— property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and an application has been made to a court for a forfeiture order in relation to the property; and the court refuses to make the forfeiture order.\n(sec.240-ssec.2) The court must make an order directing that the property be returned to the person from whose possession it was seized.\n(sec.240-ssec.3) In this section— property seized under a search warrant does not include— property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or property derived by anyone from the commission of an interstate confiscation offence.\n- (a) property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and\n- (b) an application has been made to a court for a forfeiture order in relation to the property; and\n- (c) the court refuses to make the forfeiture order.\n- (a) property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or\n- (b) property derived by anyone from the commission of an interstate confiscation offence.","sortOrder":431},{"sectionNumber":"sec.241","sectionType":"section","heading":"Application by person for return of property seized in another State","content":"### sec.241 Application by person for return of property seized in another State\n\nThis section applies if property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence.\nThe person from whose possession the property was seized may apply to a Magistrates Court for an order—\ndirecting that the property be returned to that person; or\ndirecting that the person be allowed access to the property.\nThe applicant must give notice of the application and when and where the application will be heard to the Attorney-General and the commissioner of the police service.\nThe court may make the order on the conditions the court considers appropriate.\nIn this section—\nproperty seized under a search warrant does not include—\nproperty used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or\nproperty derived by anyone from the commission of an interstate confiscation offence.\n(sec.241-ssec.1) This section applies if property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence.\n(sec.241-ssec.2) The person from whose possession the property was seized may apply to a Magistrates Court for an order— directing that the property be returned to that person; or directing that the person be allowed access to the property.\n(sec.241-ssec.3) The applicant must give notice of the application and when and where the application will be heard to the Attorney-General and the commissioner of the police service.\n(sec.241-ssec.4) The court may make the order on the conditions the court considers appropriate.\n(sec.241-ssec.5) In this section— property seized under a search warrant does not include— property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or property derived by anyone from the commission of an interstate confiscation offence.\n- (a) directing that the property be returned to that person; or\n- (b) directing that the person be allowed access to the property.\n- (a) property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or\n- (b) property derived by anyone from the commission of an interstate confiscation offence.","sortOrder":432},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":433},{"sectionNumber":"sec.242","sectionType":"section","heading":"Public trustee may act as agent","content":"### sec.242 Public trustee may act as agent\n\nThe public trustee may enter into an agreement to act as the agent of a person directed by an interstate restraining order to take control of property.","sortOrder":434},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":435},{"sectionNumber":"sec.243","sectionType":"section","heading":"Meaning of customer-generated financial transaction document","content":"### sec.243 Meaning of customer-generated financial transaction document\n\nA customer-generated financial transaction document , of a financial institution, is a financial transaction document of the institution—\nthat relates to—\nthe opening or closing by a person of an account with the institution; or\nthe operation by a person of an account with the institution; or\nthe opening or use by a person of a deposit box held by the institution; or\nthe telegraphic or electronic transfer of funds by the institution for a person to another person; or\nthe transmission of funds between Australia and a foreign country or between foreign countries for a person; or\nan application by a person for a loan from the institution (if a loan is made to the person under the application); and\nthat is given to the institution by or for the person, whether or not the document is signed by or for the person.\n- (a) that relates to— (i) the opening or closing by a person of an account with the institution; or (ii) the operation by a person of an account with the institution; or (iii) the opening or use by a person of a deposit box held by the institution; or (iv) the telegraphic or electronic transfer of funds by the institution for a person to another person; or (v) the transmission of funds between Australia and a foreign country or between foreign countries for a person; or (vi) an application by a person for a loan from the institution (if a loan is made to the person under the application); and\n- (i) the opening or closing by a person of an account with the institution; or\n- (ii) the operation by a person of an account with the institution; or\n- (iii) the opening or use by a person of a deposit box held by the institution; or\n- (iv) the telegraphic or electronic transfer of funds by the institution for a person to another person; or\n- (v) the transmission of funds between Australia and a foreign country or between foreign countries for a person; or\n- (vi) an application by a person for a loan from the institution (if a loan is made to the person under the application); and\n- (b) that is given to the institution by or for the person, whether or not the document is signed by or for the person.\n- (i) the opening or closing by a person of an account with the institution; or\n- (ii) the operation by a person of an account with the institution; or\n- (iii) the opening or use by a person of a deposit box held by the institution; or\n- (iv) the telegraphic or electronic transfer of funds by the institution for a person to another person; or\n- (v) the transmission of funds between Australia and a foreign country or between foreign countries for a person; or\n- (vi) an application by a person for a loan from the institution (if a loan is made to the person under the application); and","sortOrder":436},{"sectionNumber":"sec.244","sectionType":"section","heading":"Meaning of essential customer-generated financial transaction document","content":"### sec.244 Meaning of essential customer-generated financial transaction document\n\nAn essential customer-generated financial transaction document , of a financial institution, is a customer-generated financial transaction document other than a document that relates to the operation of an account held with the institution.","sortOrder":437},{"sectionNumber":"sec.245","sectionType":"section","heading":"Meaning of financial transaction document","content":"### sec.245 Meaning of financial transaction document\n\nA financial transaction document , of a financial institution, is a document, other than a cheque or payment order, that relates to a financial transaction carried out by the institution in its capacity as a financial institution, including, but not limited to, a document relating to—\nthe opening, operating or closing of an account held with the institution; and\nthe opening or use of a deposit box held by the institution.\n- (a) the opening, operating or closing of an account held with the institution; and\n- (b) the opening or use of a deposit box held by the institution.","sortOrder":438},{"sectionNumber":"sec.246","sectionType":"section","heading":"Meaning of minimum retention period","content":"### sec.246 Meaning of minimum retention period\n\nThe minimum retention period , for a financial transaction document of a financial institution, is—\nif the document relates to the opening of an account with the institution—the 7 years after the day the account is closed; or\nif the document relates to the opening by a person of a deposit box held by the institution—the 7 years after the day the deposit box ceases to be used by the person; or\notherwise—the 7 years after the day the transaction takes place.\n- (a) if the document relates to the opening of an account with the institution—the 7 years after the day the account is closed; or\n- (b) if the document relates to the opening by a person of a deposit box held by the institution—the 7 years after the day the deposit box ceases to be used by the person; or\n- (c) otherwise—the 7 years after the day the transaction takes place.","sortOrder":439},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Provisions applying to financial institutions","content":"# Provisions applying to financial institutions","sortOrder":440},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Records","content":"## Records","sortOrder":441},{"sectionNumber":"sec.247","sectionType":"section","heading":"Retention of records by financial institutions","content":"### sec.247 Retention of records by financial institutions\n\nA financial institution must, subject to section 248 , keep each essential customer-generated financial transaction document in its original form for the minimum retention period for the document.\nMaximum penalty—200 penalty units.\nA financial institution must keep the following documents, or a copy of the following documents, for the minimum retention period for the relevant documents—\neach customer-generated financial transaction document that is not an essential customer-generated financial transaction document;\neach financial transaction document—\nthat is not a customer-generated financial transaction document; and\nwhose retention is necessary to preserve a record of the financial transaction concerned.\nMaximum penalty—200 penalty units.\nSubsection (2) does not apply to a financial transaction document that relates to a single deposit, credit, withdrawal, debit or transfer of an amount of money of not more than $200 or a higher amount prescribed under a regulation for this subsection.\nA financial institution must retain and store documents required to be kept under subsection (1) or (2) in a way that makes retrieval of the documents reasonably practicable.\nMaximum penalty—200 penalty units.\nThis section does not limit any other obligation of a financial institution to retain documents.\ns 247 amd 2003 No. 77 s 65 ; 2010 No. 42 s 214 sch\n(sec.247-ssec.1) A financial institution must, subject to section 248 , keep each essential customer-generated financial transaction document in its original form for the minimum retention period for the document. Maximum penalty—200 penalty units.\n(sec.247-ssec.2) A financial institution must keep the following documents, or a copy of the following documents, for the minimum retention period for the relevant documents— each customer-generated financial transaction document that is not an essential customer-generated financial transaction document; each financial transaction document— that is not a customer-generated financial transaction document; and whose retention is necessary to preserve a record of the financial transaction concerned. Maximum penalty—200 penalty units.\n(sec.247-ssec.3) Subsection (2) does not apply to a financial transaction document that relates to a single deposit, credit, withdrawal, debit or transfer of an amount of money of not more than $200 or a higher amount prescribed under a regulation for this subsection.\n(sec.247-ssec.4) A financial institution must retain and store documents required to be kept under subsection (1) or (2) in a way that makes retrieval of the documents reasonably practicable. Maximum penalty—200 penalty units.\n(sec.247-ssec.5) This section does not limit any other obligation of a financial institution to retain documents.\n- (a) each customer-generated financial transaction document that is not an essential customer-generated financial transaction document;\n- (b) each financial transaction document— (i) that is not a customer-generated financial transaction document; and (ii) whose retention is necessary to preserve a record of the financial transaction concerned.\n- (i) that is not a customer-generated financial transaction document; and\n- (ii) whose retention is necessary to preserve a record of the financial transaction concerned.\n- (i) that is not a customer-generated financial transaction document; and\n- (ii) whose retention is necessary to preserve a record of the financial transaction concerned.","sortOrder":442},{"sectionNumber":"sec.248","sectionType":"section","heading":"Register of original documents","content":"### sec.248 Register of original documents\n\nIf a financial institution is required by law to release an original of an essential customer-generated financial transaction document before the minimum retention period for the document ends, the institution must keep a complete copy of the document until the period has ended or the original is returned, whichever happens first.\nMaximum penalty—200 penalty units.\nThe financial institution must keep a register of documents released under subsection (1) .\nMaximum penalty—200 penalty units.\n(sec.248-ssec.1) If a financial institution is required by law to release an original of an essential customer-generated financial transaction document before the minimum retention period for the document ends, the institution must keep a complete copy of the document until the period has ended or the original is returned, whichever happens first. Maximum penalty—200 penalty units.\n(sec.248-ssec.2) The financial institution must keep a register of documents released under subsection (1) . Maximum penalty—200 penalty units.","sortOrder":443},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Information volunteered by financial institutions","content":"## Information volunteered by financial institutions","sortOrder":444},{"sectionNumber":"sec.249","sectionType":"section","heading":"Communication of information by financial institutions to particular officers","content":"### sec.249 Communication of information by financial institutions to particular officers\n\nThis section applies if a financial institution has information about an account held, or a transaction conducted, with the institution and the institution has reasonable grounds for believing that—\nthe information may be relevant to—\nan investigation of, or the prosecution of a person for, an offence against a law of the State; or\nan investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or\na matter for which an order may be made under chapter 2A ; or\nthe information would otherwise be of assistance in the enforcement of this Act.\nThe institution may give the information to a police officer.\nThe institution may give the information to a commission officer if the information relates to—\nan investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or\na matter for which an order may be made under chapter 2A .\nNo action, suit or proceeding lies against—\na financial institution; or\nan officer or agent of the institution acting in the course of the person’s employment or agency;\nin relation to any action taken by the institution or person under subsection (2) or (3) .\nIf a financial institution, or an officer or agent of the institution, gives information under subsection (2) or (3) as soon as practicable after forming the belief mentioned in subsection (1) , the institution or person is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time.\nA person must not, other than as permitted under subsection (2) or (3) , disclose to anyone—\nthat a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or\nthat a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or\nthe nature of any information given under subsection (2) or (3) .\nMaximum penalty—10 penalty units.\nIn this section—\nofficer includes director, secretary, executive officer or employee.\ns 249 amd 2009 No. 2 s 55 ; 2017 No. 6 s 21\n(sec.249-ssec.1) This section applies if a financial institution has information about an account held, or a transaction conducted, with the institution and the institution has reasonable grounds for believing that— the information may be relevant to— an investigation of, or the prosecution of a person for, an offence against a law of the State; or an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A ; or the information would otherwise be of assistance in the enforcement of this Act.\n(sec.249-ssec.2) The institution may give the information to a police officer.\n(sec.249-ssec.3) The institution may give the information to a commission officer if the information relates to— an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or a matter for which an order may be made under chapter 2A .\n(sec.249-ssec.4) No action, suit or proceeding lies against— a financial institution; or an officer or agent of the institution acting in the course of the person’s employment or agency; in relation to any action taken by the institution or person under subsection (2) or (3) .\n(sec.249-ssec.5) If a financial institution, or an officer or agent of the institution, gives information under subsection (2) or (3) as soon as practicable after forming the belief mentioned in subsection (1) , the institution or person is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time.\n(sec.249-ssec.6) A person must not, other than as permitted under subsection (2) or (3) , disclose to anyone— that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or the nature of any information given under subsection (2) or (3) . Maximum penalty—10 penalty units.\n(sec.249-ssec.7) In this section— officer includes director, secretary, executive officer or employee.\n- (a) the information may be relevant to— (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or (iii) a matter for which an order may be made under chapter 2A ; or\n- (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or\n- (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or\n- (iii) a matter for which an order may be made under chapter 2A ; or\n- (b) the information would otherwise be of assistance in the enforcement of this Act.\n- (i) an investigation of, or the prosecution of a person for, an offence against a law of the State; or\n- (ii) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or\n- (iii) a matter for which an order may be made under chapter 2A ; or\n- (a) an investigation of a serious crime related activity or another matter for which an order may be made under chapter 2 ; or\n- (b) a matter for which an order may be made under chapter 2A .\n- (a) a financial institution; or\n- (b) an officer or agent of the institution acting in the course of the person’s employment or agency;\n- (a) that a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer under subsection (2) ; or\n- (b) that a financial institution, or an officer of a financial institution, intends to give or has given information to a commission officer under subsection (3) ; or\n- (c) the nature of any information given under subsection (2) or (3) .","sortOrder":445},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Notices to financial institutions","content":"## Notices to financial institutions","sortOrder":446},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Definition for div 3","content":"### sec.249A Definition for div 3\n\nIn this division—\nofficer includes director, secretary, executive officer or employee.\ns 249A ins 2009 No. 2 s 56","sortOrder":447},{"sectionNumber":"sec.249B","sectionType":"section","heading":"Giving notice to financial institution","content":"### sec.249B Giving notice to financial institution\n\nA police officer of or above the rank of inspector, or an authorised commission officer, may give a written notice to a financial institution requiring the financial institution to advise a police officer or commission officer of the following—\nif the notice states a name in which an account is suspected to be held—\nwhether an account is held with the financial institution in the name of the stated person; and\nif an account is held with the institution in that name—the account number and the balance of the account;\nif the notice states an account number—\nthe name in which the account is held; and\nthe balance of the account.\nThe notice must state each of the following—\nthe name of the police officer or authorised commission officer who gave the notice;\nthe police officer or authorised commission officer reasonably believes the notice is required—\nto decide whether to take any action under this Act; or\nin relation to proceedings under this Act;\nthe notice is given under this section and a description of the advice the financial institution is required to give under subsection (1) ;\nthe financial institution must give the advice—\nin writing; and\nwithin a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately;\nhow and to whom the advice is to be given;\na description of the offences under sections 249C and 249E .\nThe notice may state any other details that may help the financial institution identify the account to which the advice relates.\nThe police officer or commission officer must not give the notice unless the police officer or commission officer reasonably believes that giving the notice is required—\nto decide whether to take any action under this Act; or\nin relation to proceedings under this Act.\nThe police officer or authorised commission officer must make a written record of the reasons the officer reasonably believes that giving the notice is required as mentioned in subsection (4) .\nTo remove doubt, it is declared that the notice may relate to an account held in more than 1 name.\ns 249B ins 2009 No. 2 s 56\namd 2013 No. 21 s 52\n(sec.249B-ssec.1) A police officer of or above the rank of inspector, or an authorised commission officer, may give a written notice to a financial institution requiring the financial institution to advise a police officer or commission officer of the following— if the notice states a name in which an account is suspected to be held— whether an account is held with the financial institution in the name of the stated person; and if an account is held with the institution in that name—the account number and the balance of the account; if the notice states an account number— the name in which the account is held; and the balance of the account.\n(sec.249B-ssec.2) The notice must state each of the following— the name of the police officer or authorised commission officer who gave the notice; the police officer or authorised commission officer reasonably believes the notice is required— to decide whether to take any action under this Act; or in relation to proceedings under this Act; the notice is given under this section and a description of the advice the financial institution is required to give under subsection (1) ; the financial institution must give the advice— in writing; and within a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately; how and to whom the advice is to be given; a description of the offences under sections 249C and 249E .\n(sec.249B-ssec.3) The notice may state any other details that may help the financial institution identify the account to which the advice relates.\n(sec.249B-ssec.4) The police officer or commission officer must not give the notice unless the police officer or commission officer reasonably believes that giving the notice is required— to decide whether to take any action under this Act; or in relation to proceedings under this Act.\n(sec.249B-ssec.5) The police officer or authorised commission officer must make a written record of the reasons the officer reasonably believes that giving the notice is required as mentioned in subsection (4) .\n(sec.249B-ssec.6) To remove doubt, it is declared that the notice may relate to an account held in more than 1 name.\n- (a) if the notice states a name in which an account is suspected to be held— (i) whether an account is held with the financial institution in the name of the stated person; and (ii) if an account is held with the institution in that name—the account number and the balance of the account;\n- (i) whether an account is held with the financial institution in the name of the stated person; and\n- (ii) if an account is held with the institution in that name—the account number and the balance of the account;\n- (b) if the notice states an account number— (i) the name in which the account is held; and (ii) the balance of the account.\n- (i) the name in which the account is held; and\n- (ii) the balance of the account.\n- (i) whether an account is held with the financial institution in the name of the stated person; and\n- (ii) if an account is held with the institution in that name—the account number and the balance of the account;\n- (i) the name in which the account is held; and\n- (ii) the balance of the account.\n- (a) the name of the police officer or authorised commission officer who gave the notice;\n- (b) the police officer or authorised commission officer reasonably believes the notice is required— (i) to decide whether to take any action under this Act; or (ii) in relation to proceedings under this Act;\n- (i) to decide whether to take any action under this Act; or\n- (ii) in relation to proceedings under this Act;\n- (c) the notice is given under this section and a description of the advice the financial institution is required to give under subsection (1) ;\n- (d) the financial institution must give the advice— (i) in writing; and (ii) within a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately;\n- (i) in writing; and\n- (ii) within a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately;\n- (e) how and to whom the advice is to be given;\n- (f) a description of the offences under sections 249C and 249E .\n- (i) to decide whether to take any action under this Act; or\n- (ii) in relation to proceedings under this Act;\n- (i) in writing; and\n- (ii) within a stated reasonable time or, if the police officer or authorised commission officer reasonably believes there is a significant risk of imminent dissipation of funds held in an account with the institution, immediately;\n- (a) to decide whether to take any action under this Act; or\n- (b) in relation to proceedings under this Act.","sortOrder":448},{"sectionNumber":"sec.249C","sectionType":"section","heading":"Prohibition on disclosure","content":"### sec.249C Prohibition on disclosure\n\nA person must not, other than as required under section 249B , disclose to anyone that—\na financial institution, or an officer of a financial institution, intends to give or has given information to a police officer, or commission officer, under section 249B ; or\na financial institution is required to give information to a police officer, or commission officer, under section 249B .\nMaximum penalty—100 penalty units.\ns 249C ins 2009 No. 2 s 56\n- (a) a financial institution, or an officer of a financial institution, intends to give or has given information to a police officer, or commission officer, under section 249B ; or\n- (b) a financial institution is required to give information to a police officer, or commission officer, under section 249B .","sortOrder":449},{"sectionNumber":"sec.249D","sectionType":"section","heading":"Protection from suits etc. in relation to action taken under s 249B","content":"### sec.249D Protection from suits etc. in relation to action taken under s 249B\n\nNo action, suit or proceeding lies against—\na financial institution; or\nan officer or agent of the institution acting in the course of the officer’s or agent’s employment or agency;\nin relation to any action taken by the institution, officer or agent under a notice under section 249B or in the mistaken belief that action was required under the notice.\nIf a financial institution, or an officer or agent of the institution, gives information under section 249B , the institution, officer or agent is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time.\ns 249D ins 2009 No. 2 s 56\n(sec.249D-ssec.1) No action, suit or proceeding lies against— a financial institution; or an officer or agent of the institution acting in the course of the officer’s or agent’s employment or agency; in relation to any action taken by the institution, officer or agent under a notice under section 249B or in the mistaken belief that action was required under the notice.\n(sec.249D-ssec.2) If a financial institution, or an officer or agent of the institution, gives information under section 249B , the institution, officer or agent is taken, for the purposes of sections 250 and 252 , not to have been in possession of that information at any time.\n- (a) a financial institution; or\n- (b) an officer or agent of the institution acting in the course of the officer’s or agent’s employment or agency;","sortOrder":450},{"sectionNumber":"sec.249E","sectionType":"section","heading":"Financial institution must comply with a notice","content":"### sec.249E Financial institution must comply with a notice\n\nA financial institution must comply with a notice given to it under section 249B .\nMaximum penalty—2,500 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) for the financial institution to prove it—\ncould not reasonably comply with the notice within the time stated in the notice; and\ntook reasonable steps to comply with the notice; and\ngave the advice stated in the notice as soon as practicable after the financial institution was required to give the advice as stated in the notice.\ns 249E ins 2009 No. 2 s 56\namd 2013 No. 21 s 53\n(sec.249E-ssec.1) A financial institution must comply with a notice given to it under section 249B . Maximum penalty—2,500 penalty units.\n(sec.249E-ssec.2) It is a defence to a prosecution for an offence against subsection (1) for the financial institution to prove it— could not reasonably comply with the notice within the time stated in the notice; and took reasonable steps to comply with the notice; and gave the advice stated in the notice as soon as practicable after the financial institution was required to give the advice as stated in the notice.\n- (a) could not reasonably comply with the notice within the time stated in the notice; and\n- (b) took reasonable steps to comply with the notice; and\n- (c) gave the advice stated in the notice as soon as practicable after the financial institution was required to give the advice as stated in the notice.","sortOrder":451},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Arrangements to defeat operation of act","content":"# Arrangements to defeat operation of act","sortOrder":452},{"sectionNumber":"sec.254","sectionType":"section","heading":"Definitions for part 1","content":"### sec.254 Definitions for part 1\n\nIn this part—\ndefeat the operation of this Act includes avoid, prevent and impede.\nscheme means—\nany agreement, arrangement, promise, understanding or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\nany action, course of action, course of conduct, plan or proposal.\n- (a) any agreement, arrangement, promise, understanding or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or\n- (b) any action, course of action, course of conduct, plan or proposal.","sortOrder":453},{"sectionNumber":"sec.255","sectionType":"section","heading":"Arrangements to defeat operation of Act","content":"### sec.255 Arrangements to defeat operation of Act\n\nThe State may apply to the Supreme Court for an order declaring that a scheme carried out by a particular person was carried out for the purpose of directly or indirectly defeating the operation of this Act.\nThe State must give written notice of the application to the person against whom the order is sought and anyone else the appropriate officer making the application for the State considers has an interest in the property to which the scheme relates.\nAt any time before it finally decides the application, the Supreme Court may direct the State to give notice of the application to the persons, in the way and within the time, the court considers appropriate.\n(sec.255-ssec.1) The State may apply to the Supreme Court for an order declaring that a scheme carried out by a particular person was carried out for the purpose of directly or indirectly defeating the operation of this Act.\n(sec.255-ssec.2) The State must give written notice of the application to the person against whom the order is sought and anyone else the appropriate officer making the application for the State considers has an interest in the property to which the scheme relates.\n(sec.255-ssec.3) At any time before it finally decides the application, the Supreme Court may direct the State to give notice of the application to the persons, in the way and within the time, the court considers appropriate.","sortOrder":454},{"sectionNumber":"sec.256","sectionType":"section","heading":"Orders for defeating arrangements","content":"### sec.256 Orders for defeating arrangements\n\nIf the Supreme Court is satisfied the person carried out a scheme for the purpose of directly or indirectly defeating the operation of this Act in any way, the court may for defeating that purpose—\nmake an order declaring all or part of the scheme void; or\nmake an order varying the operation of all or part of the scheme.\nThe court may make the other orders the court considers appropriate in the circumstances for a consequential or related matter or for giving effect to any order of the court under this section, including, for example, orders about the following—\nany disposal of property;\nthe payment of money;\nthe sale or other realisation of property and the disposal of the proceeds;\nthe creation of a charge on property in favour of any person and the enforcement of the charge created;\nthe rights of a person who acquired an interest in the property after the scheme was carried out and before the declaration was made.\nA charge on property created under an order of the court under subsection (2) (d) is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\ns 256 amd 2010 No. 44 s 176\n(sec.256-ssec.1) If the Supreme Court is satisfied the person carried out a scheme for the purpose of directly or indirectly defeating the operation of this Act in any way, the court may for defeating that purpose— make an order declaring all or part of the scheme void; or make an order varying the operation of all or part of the scheme.\n(sec.256-ssec.2) The court may make the other orders the court considers appropriate in the circumstances for a consequential or related matter or for giving effect to any order of the court under this section, including, for example, orders about the following— any disposal of property; the payment of money; the sale or other realisation of property and the disposal of the proceeds; the creation of a charge on property in favour of any person and the enforcement of the charge created; the rights of a person who acquired an interest in the property after the scheme was carried out and before the declaration was made.\n(sec.256-ssec.3) A charge on property created under an order of the court under subsection (2) (d) is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.\n- (a) make an order declaring all or part of the scheme void; or\n- (b) make an order varying the operation of all or part of the scheme.\n- (a) any disposal of property;\n- (b) the payment of money;\n- (c) the sale or other realisation of property and the disposal of the proceeds;\n- (d) the creation of a charge on property in favour of any person and the enforcement of the charge created;\n- (e) the rights of a person who acquired an interest in the property after the scheme was carried out and before the declaration was made.","sortOrder":455},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":456},{"sectionNumber":"sec.256A","sectionType":"section","heading":"Consent orders","content":"### sec.256A Consent orders\n\nSubject to subsection (2) , the court may make an order in a proceeding under chapter 2 , chapter 2A or chapter 3 with the consent of—\nthe applicant in the proceeding; and\nthe respondent in the proceeding; and\neveryone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.\nThe court may make an order under subsection (1) if—\na person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or\nthe consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.\nThe order may be made without consideration of the matters the court would otherwise consider in the proceeding.\nThis section does not apply to an order made on sentence for a criminal offence.\ns 256A ins 2009 No. 2 s 58\namd 2013 No. 21 s 54\n(sec.256A-ssec.1) Subject to subsection (2) , the court may make an order in a proceeding under chapter 2 , chapter 2A or chapter 3 with the consent of— the applicant in the proceeding; and the respondent in the proceeding; and everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.\n(sec.256A-ssec.2) The court may make an order under subsection (1) if— a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.\n(sec.256A-ssec.3) The order may be made without consideration of the matters the court would otherwise consider in the proceeding.\n(sec.256A-ssec.4) This section does not apply to an order made on sentence for a criminal offence.\n- (a) the applicant in the proceeding; and\n- (b) the respondent in the proceeding; and\n- (c) everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.\n- (a) a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or\n- (b) the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.","sortOrder":457},{"sectionNumber":"sec.257","sectionType":"section","heading":"Restriction on functions","content":"### sec.257 Restriction on functions\n\nA restraining order under chapter 2 , chapter 2A or chapter 3 may not be made to be in force at the same time in relation to the same property as another restraining order under chapter 2 , chapter 2A or chapter 3 .\ns 257 sub 2009 No. 2 s 59 ; 2013 No. 21 s 55","sortOrder":458},{"sectionNumber":"sec.258","sectionType":"section","heading":"Publication of proceedings","content":"### sec.258 Publication of proceedings\n\nIf a proceeding is started under this Act, the Supreme Court may make the orders it considers appropriate about the publication of any matter arising under this Act.\ns 258 sub 2004 No. 43 s 41","sortOrder":459},{"sectionNumber":"sec.259","sectionType":"section","heading":"Requirements to give notice","content":"### sec.259 Requirements to give notice\n\nA regulation may prescribe the way a notice authorised or required by this Act to be given to a person must be given, including by substituted service.\nA person must be considered to have been given notice if all reasonable efforts were made to give the notice whether or not the person actually received notice.\n(sec.259-ssec.1) A regulation may prescribe the way a notice authorised or required by this Act to be given to a person must be given, including by substituted service.\n(sec.259-ssec.2) A person must be considered to have been given notice if all reasonable efforts were made to give the notice whether or not the person actually received notice.","sortOrder":460},{"sectionNumber":"sec.260","sectionType":"section","heading":"Sentencing court not to have regard to property forfeiture or pecuniary penalty","content":"### sec.260 Sentencing court not to have regard to property forfeiture or pecuniary penalty\n\nIn deciding the sentence to be imposed on a person (the defendant ) for a confiscation offence, the court must not have regard to the question of whether or not—\nthe defendant’s property is, or may become, the subject of a forfeiture order, serious drug offender confiscation order or automatic forfeiture; or\nthe defendant has been or may be ordered to pay an amount under a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order or to forfeit an amount to the State under a special forfeiture order.\nThis section applies for deciding the sentence to be imposed on a person for a qualifying offence because the offence is a confiscation offence.\ns 260 amd 2013 No. 21 s 56\n- (a) the defendant’s property is, or may become, the subject of a forfeiture order, serious drug offender confiscation order or automatic forfeiture; or\n- (b) the defendant has been or may be ordered to pay an amount under a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order or to forfeit an amount to the State under a special forfeiture order.","sortOrder":461},{"sectionNumber":"sec.261","sectionType":"section","heading":"Costs incurred on variation of forfeiture or restraining orders on application by third parties","content":"### sec.261 Costs incurred on variation of forfeiture or restraining orders on application by third parties\n\nThis section applies if—\nthe Supreme Court makes an order under this Act varying a forfeiture order or restraining order that is registered under a corresponding law; and\nthe variation is made on the application of a third party and affects the interests of the third party in relation to property in the other State.\nThe Supreme Court may, in relation to the costs the third party incurred in applying for and obtaining the variation—\norder that the third party’s actual costs be paid to the third party; or\nif it is satisfied special circumstances exist, order that part only of the third party’s costs be paid to the third party.\nThe costs must be paid by a person or authority specified by the Supreme Court.\nThe Supreme Court may direct how the costs are to be decided.\nThis section does not limit the powers of the Supreme Court to award costs under any other law.\nIn this section—\nthird party , in relation to a forfeiture order or restraining order, means a person who is not the subject of the order.\nvary includes limit the way in which an order applies.\n(sec.261-ssec.1) This section applies if— the Supreme Court makes an order under this Act varying a forfeiture order or restraining order that is registered under a corresponding law; and the variation is made on the application of a third party and affects the interests of the third party in relation to property in the other State.\n(sec.261-ssec.2) The Supreme Court may, in relation to the costs the third party incurred in applying for and obtaining the variation— order that the third party’s actual costs be paid to the third party; or if it is satisfied special circumstances exist, order that part only of the third party’s costs be paid to the third party.\n(sec.261-ssec.3) The costs must be paid by a person or authority specified by the Supreme Court.\n(sec.261-ssec.4) The Supreme Court may direct how the costs are to be decided.\n(sec.261-ssec.5) This section does not limit the powers of the Supreme Court to award costs under any other law.\n(sec.261-ssec.6) In this section— third party , in relation to a forfeiture order or restraining order, means a person who is not the subject of the order. vary includes limit the way in which an order applies.\n- (a) the Supreme Court makes an order under this Act varying a forfeiture order or restraining order that is registered under a corresponding law; and\n- (b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in the other State.\n- (a) order that the third party’s actual costs be paid to the third party; or\n- (b) if it is satisfied special circumstances exist, order that part only of the third party’s costs be paid to the third party.","sortOrder":462},{"sectionNumber":"sec.262","sectionType":"section","heading":"Costs","content":"### sec.262 Costs\n\nIf—\na person brings, or appears at, a proceeding under this Act, other than under chapter 2 ; and\nthe person is successful in the proceeding; and\nthe court is satisfied that the person was not involved in any way in the commission of the offence to which the proceeding related;\nthe court may order the State to pay all costs incurred by the person in connection with the proceeding or the part of the costs decided by the court.\nIn civil proceedings, the court decides costs and the costs are assessed under the Uniform Civil Procedure Rules 1999 .\n- (a) a person brings, or appears at, a proceeding under this Act, other than under chapter 2 ; and\n- (b) the person is successful in the proceeding; and\n- (c) the court is satisfied that the person was not involved in any way in the commission of the offence to which the proceeding related;","sortOrder":463},{"sectionNumber":"sec.263","sectionType":"section","heading":"Appeals","content":"### sec.263 Appeals\n\nWithout affecting any other right of appeal, any person aggrieved by an order or the refusal of a court to make an order under this Act may appeal against the order or refusal to the Court of Appeal.","sortOrder":464},{"sectionNumber":"sec.264","sectionType":"section","heading":"Registration fees","content":"### sec.264 Registration fees\n\nNo fee is payable by the State for—\nfiling in a registry any order or instrument under this Act or any instrument filed to transfer property to the State under this Act; or\nanything else for which registry fees are fixed.\nIf fees are fixed for register searches or copies of anything in a register, the State need not pay the fees.\nIn this section—\nregister means a register kept at a registry.\nregistry means—\nthe land registry; or\nthe office of anybody required or authorised under an Act to keep a register about dealings with property.\n(sec.264-ssec.1) No fee is payable by the State for— filing in a registry any order or instrument under this Act or any instrument filed to transfer property to the State under this Act; or anything else for which registry fees are fixed. If fees are fixed for register searches or copies of anything in a register, the State need not pay the fees.\n(sec.264-ssec.2) In this section— register means a register kept at a registry. registry means— the land registry; or the office of anybody required or authorised under an Act to keep a register about dealings with property.\n- (a) filing in a registry any order or instrument under this Act or any instrument filed to transfer property to the State under this Act; or\n- (b) anything else for which registry fees are fixed. Example of paragraph (b) — If fees are fixed for register searches or copies of anything in a register, the State need not pay the fees.\n- (a) the land registry; or\n- (b) the office of anybody required or authorised under an Act to keep a register about dealings with property.","sortOrder":465},{"sectionNumber":"sec.264A","sectionType":"section","heading":"Payment of amount under equitable sharing program","content":"### sec.264A Payment of amount under equitable sharing program\n\nThe Attorney-General may give a direction for the payment, under an equitable sharing program, to another participating jurisdiction of an amount—\nout of property forfeited under this Act or the proceeds of the disposal of forfeited property; or\npaid to the State under an order made under this Act.\nThis section does not limit section 214 .\nIn this section—\nequitable sharing program means an arrangement under which the State shares with another jurisdiction a proportion of property forfeited, or an amount payable, to the State under this Act if, in the Attorney-General’s opinion, the participating jurisdiction has made a significant contribution to the recovery of the property or amount, including, for example, by investigating or prosecuting the illegal activity associated with the property or amount.\nparticipating jurisdiction , for an equitable sharing program, means the Commonwealth or a State or another jurisdiction participating in the program.\ns 264A ins 2013 No. 21 s 57\n(sec.264A-ssec.1) The Attorney-General may give a direction for the payment, under an equitable sharing program, to another participating jurisdiction of an amount— out of property forfeited under this Act or the proceeds of the disposal of forfeited property; or paid to the State under an order made under this Act.\n(sec.264A-ssec.2) This section does not limit section 214 .\n(sec.264A-ssec.3) In this section— equitable sharing program means an arrangement under which the State shares with another jurisdiction a proportion of property forfeited, or an amount payable, to the State under this Act if, in the Attorney-General’s opinion, the participating jurisdiction has made a significant contribution to the recovery of the property or amount, including, for example, by investigating or prosecuting the illegal activity associated with the property or amount. participating jurisdiction , for an equitable sharing program, means the Commonwealth or a State or another jurisdiction participating in the program.\n- (a) out of property forfeited under this Act or the proceeds of the disposal of forfeited property; or\n- (b) paid to the State under an order made under this Act.","sortOrder":466},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 68 of 2002","content":"# Transitional provisions for Act No. 68 of 2002","sortOrder":467},{"sectionNumber":"sec.268","sectionType":"section","heading":"Definitions for ch 12","content":"### sec.268 Definitions for ch 12\n\nIn this chapter—\nnew forfeiture order means a forfeiture order made under chapter 3.\nnew order means each of the following orders—\na new forfeiture order;\na new pecuniary penalty order;\na new restraining order;\na new special forfeiture order.\nnew pecuniary penalty order means a pecuniary penalty order made under chapter 3.\nnew restraining order means a restraining order made under chapter 3.\nnew special forfeiture order means a special forfeiture order made under chapter 3.\nold Act means the repealed Crimes (Confiscation) Act 1989 .\nold forfeiture order means a forfeiture order made under the old Act and in force immediately before the commencement of this part.\nold order means any of the following orders—\nan old forfeiture order;\nan old pecuniary penalty order;\nan old restraining order;\nan old special forfeiture order.\nold pecuniary penalty order means a pecuniary penalty order made under the old Act and in force immediately before the commencement of this part.\nold restraining order means a restraining order made under the old Act and in force immediately before the commencement of this part.\nold special forfeiture order means a special forfeiture order made under the old Act and in force immediately before the commencement of this Act.\n- (a) a new forfeiture order;\n- (b) a new pecuniary penalty order;\n- (c) a new restraining order;\n- (d) a new special forfeiture order.\n- (a) an old forfeiture order;\n- (b) an old pecuniary penalty order;\n- (c) an old restraining order;\n- (d) an old special forfeiture order.","sortOrder":468},{"sectionNumber":"sec.269","sectionType":"section","heading":"Incomplete proceedings for old orders","content":"### sec.269 Incomplete proceedings for old orders\n\nA proceeding started under the old Act for an old order and not finally decided immediately before the commencement of this section may be continued and decided under this Act as if it were a proceeding started under this Act for a corresponding new order.\nAny step taken in the proceeding for the old order is as valid and effective as if it had been taken in a proceeding for the new order.\nThe court hearing the proceeding may make the orders under this Act the court considers appropriate.\nHowever, if the proceeding was started in a court other than the Supreme Court and the proceeding is a proceeding that may only be started in the Supreme Court under this Act, the proceeding may be continued under the old Act as if this Act had not been enacted.\n(sec.269-ssec.1) A proceeding started under the old Act for an old order and not finally decided immediately before the commencement of this section may be continued and decided under this Act as if it were a proceeding started under this Act for a corresponding new order.\n(sec.269-ssec.2) Any step taken in the proceeding for the old order is as valid and effective as if it had been taken in a proceeding for the new order.\n(sec.269-ssec.3) The court hearing the proceeding may make the orders under this Act the court considers appropriate.\n(sec.269-ssec.4) However, if the proceeding was started in a court other than the Supreme Court and the proceeding is a proceeding that may only be started in the Supreme Court under this Act, the proceeding may be continued under the old Act as if this Act had not been enacted.","sortOrder":469},{"sectionNumber":"sec.270","sectionType":"section","heading":"Incomplete rehearing proceedings","content":"### sec.270 Incomplete rehearing proceedings\n\nA rehearing started under section 39 of the old Act in relation to an old forfeiture order and not finally decided immediately before the commencement of this Act may be continued and decided under this Act as if it were a proceeding for a rehearing started under section 177 of this Act.\nA rehearing started under section 39 of the old Act in relation to an old pecuniary penalty order and not finally decided immediately before the commencement of this Act may be continued and decided under this Act as if it were a proceeding for a rehearing started under section 199 of this Act.\nA court rehearing a proceeding mentioned in subsection (1) or (2) may make the orders a court rehearing a proceeding of the same kind may make under this Act.\n(sec.270-ssec.1) A rehearing started under section 39 of the old Act in relation to an old forfeiture order and not finally decided immediately before the commencement of this Act may be continued and decided under this Act as if it were a proceeding for a rehearing started under section 177 of this Act.\n(sec.270-ssec.2) A rehearing started under section 39 of the old Act in relation to an old pecuniary penalty order and not finally decided immediately before the commencement of this Act may be continued and decided under this Act as if it were a proceeding for a rehearing started under section 199 of this Act.\n(sec.270-ssec.3) A court rehearing a proceeding mentioned in subsection (1) or (2) may make the orders a court rehearing a proceeding of the same kind may make under this Act.","sortOrder":470},{"sectionNumber":"sec.271","sectionType":"section","heading":"Interstate orders","content":"### sec.271 Interstate orders\n\nAn interstate forfeiture order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.\nAn interstate pecuniary penalty order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.\nAn interstate restraining order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.\n(sec.271-ssec.1) An interstate forfeiture order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.\n(sec.271-ssec.2) An interstate pecuniary penalty order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.\n(sec.271-ssec.3) An interstate restraining order registered under the old Act continues to have effect as if it had been filed under this Act and, to the extent it has not been enforced under the old Act, may be enforced under this Act according to its terms.","sortOrder":471},{"sectionNumber":"sec.272","sectionType":"section","heading":"Automatic forfeiture","content":"### sec.272 Automatic forfeiture\n\nProperty that is liable to automatic forfeiture under the old Act is taken to be liable to automatic forfeiture under this Act and any step necessary to be taken for enforcing the forfeiture may be taken under this Act.\nFor working out when property liable to automatic forfeiture under the old Act is forfeited to the State, section 163 of this Act applies to the property as if it had commenced on the day section 25 of the old Act first applied to the property.\nHowever, if, before the commencement of this section, the forfeiture period under the old Act has been extended and the extended forfeiture period ends after the commencement of this section—\nthe property is forfeited to the State when the forfeiture period as extended under the old Act ends; and\nthe person may not apply for an extension of the forfeiture period under this Act; and\nthe Supreme Court may not extend the forfeiture period under this Act.\n(sec.272-ssec.1) Property that is liable to automatic forfeiture under the old Act is taken to be liable to automatic forfeiture under this Act and any step necessary to be taken for enforcing the forfeiture may be taken under this Act.\n(sec.272-ssec.2) For working out when property liable to automatic forfeiture under the old Act is forfeited to the State, section 163 of this Act applies to the property as if it had commenced on the day section 25 of the old Act first applied to the property.\n(sec.272-ssec.3) However, if, before the commencement of this section, the forfeiture period under the old Act has been extended and the extended forfeiture period ends after the commencement of this section— the property is forfeited to the State when the forfeiture period as extended under the old Act ends; and the person may not apply for an extension of the forfeiture period under this Act; and the Supreme Court may not extend the forfeiture period under this Act.\n- (a) the property is forfeited to the State when the forfeiture period as extended under the old Act ends; and\n- (b) the person may not apply for an extension of the forfeiture period under this Act; and\n- (c) the Supreme Court may not extend the forfeiture period under this Act.","sortOrder":472},{"sectionNumber":"sec.273","sectionType":"section","heading":"Old forfeiture orders","content":"### sec.273 Old forfeiture orders\n\nAn old forfeiture order in force immediately before the commencement of this section is taken to be a new forfeiture order and any step necessary to be taken for enforcing the order may be taken under this Act.\nAny proceeding, including an appeal, that may be started by a person because of the making of an old forfeiture order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old forfeiture order was made.\n(sec.273-ssec.1) An old forfeiture order in force immediately before the commencement of this section is taken to be a new forfeiture order and any step necessary to be taken for enforcing the order may be taken under this Act.\n(sec.273-ssec.2) Any proceeding, including an appeal, that may be started by a person because of the making of an old forfeiture order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old forfeiture order was made.","sortOrder":473},{"sectionNumber":"sec.274","sectionType":"section","heading":"Old pecuniary penalty orders","content":"### sec.274 Old pecuniary penalty orders\n\nAn old pecuniary penalty order is taken to be a new pecuniary penalty order made by the court that made the old pecuniary penalty order on the conditions stated in the old pecuniary penalty order and may be enforced under this Act.\nAny proceeding, including an appeal, that may be started by a person because of the making of an old pecuniary penalty order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old pecuniary penalty order was made.\n(sec.274-ssec.1) An old pecuniary penalty order is taken to be a new pecuniary penalty order made by the court that made the old pecuniary penalty order on the conditions stated in the old pecuniary penalty order and may be enforced under this Act.\n(sec.274-ssec.2) Any proceeding, including an appeal, that may be started by a person because of the making of an old pecuniary penalty order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old pecuniary penalty order was made.","sortOrder":474},{"sectionNumber":"sec.275","sectionType":"section","heading":"Old restraining orders","content":"### sec.275 Old restraining orders\n\nAn old restraining order is taken to be a new restraining order made by the court that made the old restraining order on the conditions stated in the old restraining order and may be enforced under this Act.\nThe new restraining order has effect only for the balance of the term for which the old restraining order would have had effect if this Act had not been enacted.\nAny proceeding, including an appeal, that may be started by a person because of the making of an old restraining order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old restraining order was made.\nIf the old restraining order was made in a court other than the Supreme Court, the Supreme Court may extend the period for which the restraining order is to remain in force as if the order had been made under this Act.\n(sec.275-ssec.1) An old restraining order is taken to be a new restraining order made by the court that made the old restraining order on the conditions stated in the old restraining order and may be enforced under this Act.\n(sec.275-ssec.2) The new restraining order has effect only for the balance of the term for which the old restraining order would have had effect if this Act had not been enacted.\n(sec.275-ssec.3) Any proceeding, including an appeal, that may be started by a person because of the making of an old restraining order may, if the time for starting the proceeding has not ended, be started under this Act as if this Act had commenced on the day the old restraining order was made.\n(sec.275-ssec.4) If the old restraining order was made in a court other than the Supreme Court, the Supreme Court may extend the period for which the restraining order is to remain in force as if the order had been made under this Act.","sortOrder":475},{"sectionNumber":"sec.276","sectionType":"section","heading":"Particular orders about buying back interests in property","content":"### sec.276 Particular orders about buying back interests in property\n\nAn order made under section 24 of the old Act and not given effect immediately before the commencement of this section is taken to be a release order made under section 154 of this Act.\nAn order made under section 29(11) of the old Act and not given effect immediately before the commencement of this section is taken to be a buy-back order made under section 169 of this Act.\nAnything remaining to be done to give effect to an order mentioned in subsection (1) or (2) may be done in accordance with this Act after the commencement.\n(sec.276-ssec.1) An order made under section 24 of the old Act and not given effect immediately before the commencement of this section is taken to be a release order made under section 154 of this Act.\n(sec.276-ssec.2) An order made under section 29(11) of the old Act and not given effect immediately before the commencement of this section is taken to be a buy-back order made under section 169 of this Act.\n(sec.276-ssec.3) Anything remaining to be done to give effect to an order mentioned in subsection (1) or (2) may be done in accordance with this Act after the commencement.","sortOrder":476},{"sectionNumber":"sec.277","sectionType":"section","heading":"Property under the control of the public trustee","content":"### sec.277 Property under the control of the public trustee\n\nProperty under the control of the public trustee because of a direction in an old restraining order is taken to be under the control of the public trustee because of a direction in a new restraining order and may be dealt with under this Act.","sortOrder":477},{"sectionNumber":"sec.278","sectionType":"section","heading":"Persons unamenable to justice under old Act","content":"### sec.278 Persons unamenable to justice under old Act\n\nIf a person who was unamenable to justice under the old Act becomes amenable to justice after the commencement of this section, a provision of this Act applying to a person who later becomes amenable to justice applies to the person.\nAlso, a person who, immediately before the commencement of this section, was unamenable to justice under the old Act because the person was found unfit for trial under the repealed Mental Health Act 1974 , part 4 is taken to be unamenable to justice because of section 109 of this Act.\nIn addition, if a proceeding under the old Act had not been started against a person who became unamenable to justice before the commencement of this section, a proceeding may be started against the person under this Act.\n(sec.278-ssec.1) If a person who was unamenable to justice under the old Act becomes amenable to justice after the commencement of this section, a provision of this Act applying to a person who later becomes amenable to justice applies to the person.\n(sec.278-ssec.2) Also, a person who, immediately before the commencement of this section, was unamenable to justice under the old Act because the person was found unfit for trial under the repealed Mental Health Act 1974 , part 4 is taken to be unamenable to justice because of section 109 of this Act.\n(sec.278-ssec.3) In addition, if a proceeding under the old Act had not been started against a person who became unamenable to justice before the commencement of this section, a proceeding may be started against the person under this Act.","sortOrder":478},{"sectionNumber":"sec.279","sectionType":"section","heading":"Application for chapter 2 restraining order if property restrained under old restraining order","content":"### sec.279 Application for chapter 2 restraining order if property restrained under old restraining order\n\nThis Act does not prevent the State from applying to the Supreme Court for a chapter 2 restraining order in relation to property that includes property that is restrained under an old restraining order.\nIf the Supreme Court makes a chapter 2 restraining order in relation to the property to which the application relates, the Supreme Court must also set aside the old restraining order.\nIn this section—\nchapter 2 restraining order means a restraining order under chapter 2 of this Act.\n(sec.279-ssec.1) This Act does not prevent the State from applying to the Supreme Court for a chapter 2 restraining order in relation to property that includes property that is restrained under an old restraining order.\n(sec.279-ssec.2) If the Supreme Court makes a chapter 2 restraining order in relation to the property to which the application relates, the Supreme Court must also set aside the old restraining order.\n(sec.279-ssec.3) In this section— chapter 2 restraining order means a restraining order under chapter 2 of this Act.","sortOrder":479},{"sectionNumber":"sec.280","sectionType":"section","heading":"Other directions, orders and requirements","content":"### sec.280 Other directions, orders and requirements\n\nA direction given, or an order or requirement made, in a proceeding under the old Act, that has not yet been complied with or given effect continues to have effect under this Act as if it were given or made under this Act.\nIf a time was specified for compliance with the direction, order or requirement, the time for complying with the requirement starts when the direction, order or requirement was given or made under the old Act.\nThis section does not apply to an order for which provision is otherwise made under this part.\n(sec.280-ssec.1) A direction given, or an order or requirement made, in a proceeding under the old Act, that has not yet been complied with or given effect continues to have effect under this Act as if it were given or made under this Act.\n(sec.280-ssec.2) If a time was specified for compliance with the direction, order or requirement, the time for complying with the requirement starts when the direction, order or requirement was given or made under the old Act.\n(sec.280-ssec.3) This section does not apply to an order for which provision is otherwise made under this part.","sortOrder":480},{"sectionNumber":"sec.281","sectionType":"section","heading":"References to Crimes (Confiscation) Act 1989","content":"### sec.281 References to Crimes (Confiscation) Act 1989\n\nIn an Act or document, a reference to the Crimes (Confiscation) Act 1989 may, if the context otherwise permits, be a reference to this Act.","sortOrder":481},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":482},{"sectionNumber":"sec.282","sectionType":"section","heading":"Repeal of Crimes (Confiscation) Act 1989","content":"### sec.282 Repeal of Crimes (Confiscation) Act 1989\n\nThe Crimes (Confiscation) Act 1989 No. 60 is repealed.","sortOrder":483},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provisions for the Criminal Proceeds Confiscation and Other Acts Amendment Act 2009","content":"# Transitional provisions for the Criminal Proceeds Confiscation and Other Acts Amendment Act 2009","sortOrder":484},{"sectionNumber":"sec.283","sectionType":"section","heading":"Definition for this part","content":"### sec.283 Definition for this part\n\nIn this part—\namendment Act means the Criminal Proceeds Confiscation and Other Acts Amendment Act 2009 .\ns 283 ins 2009 No. 2 s 63","sortOrder":485},{"sectionNumber":"sec.284","sectionType":"section","heading":"Property controlled by public trustee","content":"### sec.284 Property controlled by public trustee\n\nThis Act as amended by the amendment Act, section 7 applies in relation to property whether the public trustee was directed to take control of the property before or after the commencement of the section.\ns 284 ins 2009 No. 2 s 63","sortOrder":486},{"sectionNumber":"sec.285","sectionType":"section","heading":"Proceeds assessment order relating to an external serious crime related activity","content":"### sec.285 Proceeds assessment order relating to an external serious crime related activity\n\nThis Act as amended by the amendment Act, section 29 applies in relation to external serious crime related activity happening before or after the commencement of the section.\ns 285 ins 2009 No. 2 s 63","sortOrder":487},{"sectionNumber":"sec.286","sectionType":"section","heading":"Charges on property","content":"### sec.286 Charges on property\n\nThis Act as amended by the amending Act section 32, applies in relation to all proceeds assessment orders made after the commencement of the section.\ns 286 ins 2009 No. 2 s 63","sortOrder":488},{"sectionNumber":"sec.287","sectionType":"section","heading":"Orders under ss 37 and 129","content":"### sec.287 Orders under ss 37 and 129\n\nThis section applies if a person makes an application for a particular type of order under section 37 or 129 before the commencement and the Supreme Court has not dealt with the application on the commencement.\nThe application remains valid despite the amendment Act and the Supreme Court, on the application, may make an order of the same type after the commencement under the Act as amended by the amendment Act.\ns 287 ins 2009 No. 2 s 63\n(sec.287-ssec.1) This section applies if a person makes an application for a particular type of order under section 37 or 129 before the commencement and the Supreme Court has not dealt with the application on the commencement.\n(sec.287-ssec.2) The application remains valid despite the amendment Act and the Supreme Court, on the application, may make an order of the same type after the commencement under the Act as amended by the amendment Act.","sortOrder":489},{"sectionNumber":"sec.288","sectionType":"section","heading":"Exclusion of property from orders","content":"### sec.288 Exclusion of property from orders\n\nThis section applies if—\na person gave a notice under old section 47(3), 49(2), 65(3), 66(3) or 71(3); and\nthe Supreme Court has not made an order on the application of which notice was given in the notice.\nThe person is taken to comply with the following provisions in relation to the application—\nif the notice was given under old section 47(3)—section 47(3) and (3A)\nif the notice was given under old section 49(2)—section 49(2) and (2A)\nif the notice was given under old section 65(3)—section 65(3) and (3A)\nif the notice was given under old section 66(3)—section 66(3) and (3A)\nif the notice was given under old section 71(3)—section 71(3) and (3A).\nIn this section—\nold section 47(3), 49(2), 65(3), 66(3) or 71(3) means section 47(3), 49(2), 65(3), 66(3) or 71(3) as in force immediately before the commencement of this section.\ns 288 ins 2009 No. 2 s 63\n(sec.288-ssec.1) This section applies if— a person gave a notice under old section 47(3), 49(2), 65(3), 66(3) or 71(3); and the Supreme Court has not made an order on the application of which notice was given in the notice.\n(sec.288-ssec.2) The person is taken to comply with the following provisions in relation to the application— if the notice was given under old section 47(3)—section 47(3) and (3A) if the notice was given under old section 49(2)—section 49(2) and (2A) if the notice was given under old section 65(3)—section 65(3) and (3A) if the notice was given under old section 66(3)—section 66(3) and (3A) if the notice was given under old section 71(3)—section 71(3) and (3A).\n(sec.288-ssec.3) In this section— old section 47(3), 49(2), 65(3), 66(3) or 71(3) means section 47(3), 49(2), 65(3), 66(3) or 71(3) as in force immediately before the commencement of this section.\n- (a) a person gave a notice under old section 47(3), 49(2), 65(3), 66(3) or 71(3); and\n- (b) the Supreme Court has not made an order on the application of which notice was given in the notice.\n- • if the notice was given under old section 47(3)—section 47(3) and (3A)\n- • if the notice was given under old section 49(2)—section 49(2) and (2A)\n- • if the notice was given under old section 65(3)—section 65(3) and (3A)\n- • if the notice was given under old section 66(3)—section 66(3) and (3A)\n- • if the notice was given under old section 71(3)—section 71(3) and (3A).","sortOrder":490},{"sectionNumber":"sec.289","sectionType":"section","heading":"Transitional provision for amendment of definition of dealing","content":"### sec.289 Transitional provision for amendment of definition of dealing\n\nTo remove doubt, it is declared that the transaction described in schedule 6, definition dealing , paragraph (da), inserted into the definition by the amendment Act, section 66, was, from the commencement of the definition, always a dealing with property.\ns 289 ins 2009 No. 2 s 63","sortOrder":491},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Transitional provisions for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013","content":"# Transitional provisions for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013","sortOrder":492},{"sectionNumber":"sec.290","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.290 Definitions for pt 4\n\nIn this part—\namendment Act means the Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 .\ncommencement means the commencement of this section.\ns 290 ins 2013 No. 21 s 59","sortOrder":493},{"sectionNumber":"sec.291","sectionType":"section","heading":"Transitional provision for ss 28, 29 and 58A","content":"### sec.291 Transitional provision for ss 28, 29 and 58A\n\nSections 28(4), 29 and 58A as amended by the amendment Act do not apply to an application for a restraining order or forfeiture order made before the commencement.\ns 291 ins 2013 No. 21 s 59","sortOrder":494},{"sectionNumber":"sec.292","sectionType":"section","heading":"Hardship order provisions do not apply in relation to existing proceeds assessment orders etc.","content":"### sec.292 Hardship order provisions do not apply in relation to existing proceeds assessment orders etc.\n\nThis section applies if, before the commencement—\nan application for a proceeds assessment order is made but has not been decided; or\na proceeds assessment order has been made.\nThe following provisions as inserted or amended by the amendment Act do not apply in relation to the application or order—\nsection 77(2);\nsection 80A;\nchapter 2, part 5, division 4.\nSection 77(2) as in force immediately before the commencement continues to apply to the application.\ns 292 ins 2013 No. 21 s 59\n(sec.292-ssec.1) This section applies if, before the commencement— an application for a proceeds assessment order is made but has not been decided; or a proceeds assessment order has been made.\n(sec.292-ssec.2) The following provisions as inserted or amended by the amendment Act do not apply in relation to the application or order— section 77(2); section 80A; chapter 2, part 5, division 4.\n(sec.292-ssec.3) Section 77(2) as in force immediately before the commencement continues to apply to the application.\n- (a) an application for a proceeds assessment order is made but has not been decided; or\n- (b) a proceeds assessment order has been made.\n- (a) section 77(2);\n- (b) section 80A;\n- (c) chapter 2, part 5, division 4.","sortOrder":495},{"sectionNumber":"sec.293","sectionType":"section","heading":"Transitional provision for s 90","content":"### sec.293 Transitional provision for s 90\n\nFor section 90(4), a reference to a proceeds assessment order includes a proceeds assessment order made before the commencement.\nFor section 90(5), a reference to an unsuccessful application includes an application unsuccessfully made before the commencement.\ns 293 ins 2013 No. 21 s 59\n(sec.293-ssec.1) For section 90(4), a reference to a proceeds assessment order includes a proceeds assessment order made before the commencement.\n(sec.293-ssec.2) For section 90(5), a reference to an unsuccessful application includes an application unsuccessfully made before the commencement.","sortOrder":496},{"sectionNumber":"sec.294","sectionType":"section","heading":"Transitional provision for unexplained wealth orders","content":"### sec.294 Transitional provision for unexplained wealth orders\n\nAn unexplained wealth order may be applied for, and made, in relation to—\na serious crime related activity engaged in by a person whether before or after the commencement; or\nserious crime derived property acquired by a person from someone else whether before or after the commencement.\ns 294 ins 2013 No. 21 s 59\n- (a) a serious crime related activity engaged in by a person whether before or after the commencement; or\n- (b) serious crime derived property acquired by a person from someone else whether before or after the commencement.","sortOrder":497},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Transitional provision for Serious and Organised Crime Legislation Amendment Act 2016","content":"# Transitional provision for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":498},{"sectionNumber":"sec.295","sectionType":"section","heading":"Relevant money laundering proceedings started before commencement","content":"### sec.295 Relevant money laundering proceedings started before commencement\n\nThis section applies if—\na relevant money laundering proceeding was started but not decided before the commencement; and\nthe Attorney-General’s written consent for the proceeding had not been obtained under section 251(3) as in force before the commencement.\nThe proceeding may be heard and decided without the Attorney-General’s written consent.\nIn this section—\nrelevant money laundering proceeding means a proceeding for money laundering started other than by complaint under the Justices Act 1886 .\ns 295 ins 2016 No. 62 s 157\n(sec.295-ssec.1) This section applies if— a relevant money laundering proceeding was started but not decided before the commencement; and the Attorney-General’s written consent for the proceeding had not been obtained under section 251(3) as in force before the commencement.\n(sec.295-ssec.2) The proceeding may be heard and decided without the Attorney-General’s written consent.\n(sec.295-ssec.3) In this section— relevant money laundering proceeding means a proceeding for money laundering started other than by complaint under the Justices Act 1886 .\n- (a) a relevant money laundering proceeding was started but not decided before the commencement; and\n- (b) the Attorney-General’s written consent for the proceeding had not been obtained under section 251(3) as in force before the commencement.","sortOrder":499},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Transitional provisions for Criminal Law Amendment Act 2017","content":"# Transitional provisions for Criminal Law Amendment Act 2017","sortOrder":500},{"sectionNumber":"sec.296","sectionType":"section","heading":"Definition for part","content":"### sec.296 Definition for part\n\nIn this part—\namendment Act means the Criminal Law Amendment Act 2017 .\ns 296 ins 2017 No. 6 s 22","sortOrder":501},{"sectionNumber":"sec.297","sectionType":"section","heading":"Restraining orders made before commencement","content":"### sec.297 Restraining orders made before commencement\n\nFor sections 52, 93ZT and 143, as inserted by the amendment Act—\na reference to restrained property is a reference to property restrained under a restraining order, whether before or after the commencement; and\na reference to a restraining order is a reference to a restraining order, whether made before or after the commencement.\ns 297 ins 2017 No. 6 s 22\n- (a) a reference to restrained property is a reference to property restrained under a restraining order, whether before or after the commencement; and\n- (b) a reference to a restraining order is a reference to a restraining order, whether made before or after the commencement.","sortOrder":502},{"sectionNumber":"sec.298","sectionType":"section","heading":"Forfeiture orders made before commencement","content":"### sec.298 Forfeiture orders made before commencement\n\nFor sections 60 and 171, as inserted by the amendment Act—\na reference to forfeited property is a reference to property forfeited, whether before or after the commencement; and\na reference to a forfeiture order is a reference to a forfeiture order, whether made before or after the commencement.\ns 298 ins 2017 No. 6 s 22\n- (a) a reference to forfeited property is a reference to property forfeited, whether before or after the commencement; and\n- (b) a reference to a forfeiture order is a reference to a forfeiture order, whether made before or after the commencement.","sortOrder":503},{"sectionNumber":"sec.299","sectionType":"section","heading":"Serious drug offender confiscation orders made before commencement","content":"### sec.299 Serious drug offender confiscation orders made before commencement\n\nFor section 93ZZH, as inserted by the amendment Act—\na reference to forfeited property is a reference to property forfeited, whether before or after the commencement; and\na reference to a serious drug offender confiscation order is a reference to a serious drug offender confiscation order, whether made before or after the commencement.\ns 299 ins 2017 No. 6 s 22\n- (a) a reference to forfeited property is a reference to property forfeited, whether before or after the commencement; and\n- (b) a reference to a serious drug offender confiscation order is a reference to a serious drug offender confiscation order, whether made before or after the commencement.","sortOrder":504},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Illegally acquired property examples","content":"# Illegally acquired property examples","sortOrder":505},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Example 1","content":"### sch.1-sec.1 Example 1\n\nA acquires $40,000 as the proceeds of an illegal activity.\nA uses the $40,000 to buy land from B.\nThe land is illegally acquired property.\nThe money paid to B for the property continues to be illegally acquired property.\nA sells the land to C for $50,000.\nThe land continues to be illegally acquired property.\nThe $50,000 C paid for the land is illegally acquired property.\nA uses the $50,000 paid for the land by C to buy a car from D.\nThe car becomes illegally acquired property and the $50,000 A used to buy it continues to be illegally acquired property, unless the purchase was for sufficient consideration from an innocent person.\n(sch.1-sec.1-ssec.1) A acquires $40,000 as the proceeds of an illegal activity.\n(sch.1-sec.1-ssec.2) A uses the $40,000 to buy land from B.\n(sch.1-sec.1-ssec.3) The land is illegally acquired property.\n(sch.1-sec.1-ssec.4) The money paid to B for the property continues to be illegally acquired property.\n(sch.1-sec.1-ssec.5) A sells the land to C for $50,000.\n(sch.1-sec.1-ssec.6) The land continues to be illegally acquired property.\n(sch.1-sec.1-ssec.7) The $50,000 C paid for the land is illegally acquired property.\n(sch.1-sec.1-ssec.8) A uses the $50,000 paid for the land by C to buy a car from D.\n(sch.1-sec.1-ssec.9) The car becomes illegally acquired property and the $50,000 A used to buy it continues to be illegally acquired property, unless the purchase was for sufficient consideration from an innocent person.","sortOrder":506},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Example 2","content":"### sch.1-sec.2 Example 2\n\nA acquires $25,000 as the proceeds of an illegal activity.\nA uses the $25,000 to buy a car.\nThe car is illegally acquired property.\nA sells the car to B for its market value of $22,000.\nB does not know, and has no reason to suspect, the car is illegally acquired property.\nThe car, now in the hands of B, stops being illegally acquired property.\nThe money B paid to A for the car is illegally acquired property.\nB sells the car to C, a used car dealer, who then sells it to A.\nWhen A buys the car from C, the car again becomes illegally acquired property.\n(sch.1-sec.2-ssec.1) A acquires $25,000 as the proceeds of an illegal activity.\n(sch.1-sec.2-ssec.2) A uses the $25,000 to buy a car.\n(sch.1-sec.2-ssec.3) The car is illegally acquired property.\n(sch.1-sec.2-ssec.4) A sells the car to B for its market value of $22,000.\n(sch.1-sec.2-ssec.5) B does not know, and has no reason to suspect, the car is illegally acquired property.\n(sch.1-sec.2-ssec.6) The car, now in the hands of B, stops being illegally acquired property.\n(sch.1-sec.2-ssec.7) The money B paid to A for the car is illegally acquired property.\n(sch.1-sec.2-ssec.8) B sells the car to C, a used car dealer, who then sells it to A.\n(sch.1-sec.2-ssec.9) When A buys the car from C, the car again becomes illegally acquired property.","sortOrder":507},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Proceeds assessment example","content":"# Proceeds assessment example","sortOrder":508},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Example 1","content":"### sch.1-sec.3 Example 1\n\nA is found to have engaged in the serious crime related activity of inducing, by coercion, another person to provide commercial sexual services over 5 years.\nMoney from engaging in the serious crime related activity was used by A—\nto lead a flamboyant lifestyle costing, on average, $60,000 for each year; and\nto pay off a mortgage on the mansion A lives in and a block of income producing home units.\nThe mansion and home units were bought in the 5 years.\nA—\nhad no assets at the start of the 5 years; and\ncan not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\nThe mansion and units are worth $1m.\nUnder sections 82 (1) and 83 —\nthe $1m current value of the mansion and units is derived proceeds; and\nthe amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.\nsch 1 s 3 amd 2009 No. 2 s 64 ; 2010 No. 42 s 214 sch ; 2024 No. 23 s 36 sch 1\n(sch.1-sec.3-ssec.1) A is found to have engaged in the serious crime related activity of inducing, by coercion, another person to provide commercial sexual services over 5 years.\n(sch.1-sec.3-ssec.2) Money from engaging in the serious crime related activity was used by A— to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and to pay off a mortgage on the mansion A lives in and a block of income producing home units.\n(sch.1-sec.3-ssec.3) The mansion and home units were bought in the 5 years.\n(sch.1-sec.3-ssec.4) A— had no assets at the start of the 5 years; and can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\n(sch.1-sec.3-ssec.5) The mansion and units are worth $1m.\n(sch.1-sec.3-ssec.6) Under sections 82 (1) and 83 — the $1m current value of the mansion and units is derived proceeds; and the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.\n- (a) to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and\n- (b) to pay off a mortgage on the mansion A lives in and a block of income producing home units.\n- (a) had no assets at the start of the 5 years; and\n- (b) can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\n- (a) the $1m current value of the mansion and units is derived proceeds; and\n- (b) the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.","sortOrder":509},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Tainted property examples","content":"# Tainted property examples","sortOrder":510},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Example 1","content":"### sch.1-sec.4 Example 1\n\nA is convicted of the confiscation offences of producing and possessing a dangerous drug.\nA owned lot 1 and grew the dangerous drug on adjacent lot 2. A gained access to lot 2 through lot 1.\nA camped on lot 1 while working at growing the dangerous drug and was found on lot 1 in possession of 5kg of the dangerous drug.\nLot 1 was used in connection with the commission of the confiscation offence of producing a dangerous drug.\nLot 1 is tainted property under section 104 (1) (a) .\nLot 2 was used in the commission of the confiscation offence of producing a dangerous drug.\nLot 2 is also tainted property under section 104 (1) (a) .\n(sch.1-sec.4-ssec.1) A is convicted of the confiscation offences of producing and possessing a dangerous drug.\n(sch.1-sec.4-ssec.2) A owned lot 1 and grew the dangerous drug on adjacent lot 2. A gained access to lot 2 through lot 1.\n(sch.1-sec.4-ssec.3) A camped on lot 1 while working at growing the dangerous drug and was found on lot 1 in possession of 5kg of the dangerous drug.\n(sch.1-sec.4-ssec.4) Lot 1 was used in connection with the commission of the confiscation offence of producing a dangerous drug.\n(sch.1-sec.4-ssec.5) Lot 1 is tainted property under section 104 (1) (a) .\n(sch.1-sec.4-ssec.6) Lot 2 was used in the commission of the confiscation offence of producing a dangerous drug.\n(sch.1-sec.4-ssec.7) Lot 2 is also tainted property under section 104 (1) (a) .","sortOrder":511},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Example 2","content":"### sch.1-sec.5 Example 2\n\nA is convicted of the confiscation offences of—\nsupplying a dangerous drug; and\ncarrying on the business of unlawfully trafficking in a dangerous drug.\nA used a motor vehicle to transport the drug to a proposed buyer.\nWhether the drug was on A or in A’s motor vehicle, the motor vehicle was used in connection with the commission of each offence mentioned in subsection (1) .\nThe motor vehicle is tainted property under section 104 (1) (a) .\n(sch.1-sec.5-ssec.1) A is convicted of the confiscation offences of— supplying a dangerous drug; and carrying on the business of unlawfully trafficking in a dangerous drug.\n(sch.1-sec.5-ssec.2) A used a motor vehicle to transport the drug to a proposed buyer.\n(sch.1-sec.5-ssec.3) Whether the drug was on A or in A’s motor vehicle, the motor vehicle was used in connection with the commission of each offence mentioned in subsection (1) .\n(sch.1-sec.5-ssec.4) The motor vehicle is tainted property under section 104 (1) (a) .\n- (a) supplying a dangerous drug; and\n- (b) carrying on the business of unlawfully trafficking in a dangerous drug.","sortOrder":512},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Example 3","content":"### sch.1-sec.6 Example 3\n\nA is convicted of the confiscation offence of official corruption.\nA gave B, an officer of the public service, a race horse valued at $150,000 for B to destroy an official file.\nBecause of the destruction of the file, A was able to have A’s lawfully acquired land rezoned.\nBefore the rezoning the land was valued at $200,000. After the rezoning the land was valued at $1m.\nThe race horse is derived by B from the commission of the confiscation offence of official corruption.\nThe race horse is tainted property under section 104 (1) (a) or (c) .\nIf the land is sold by A for $1m, $800,000 is tainted property under section 104 (1) (c) .\nsch 1 s 6 amd 2010 No. 42 s 214 sch\n(sch.1-sec.6-ssec.1) A is convicted of the confiscation offence of official corruption.\n(sch.1-sec.6-ssec.2) A gave B, an officer of the public service, a race horse valued at $150,000 for B to destroy an official file.\n(sch.1-sec.6-ssec.3) Because of the destruction of the file, A was able to have A’s lawfully acquired land rezoned.\n(sch.1-sec.6-ssec.4) Before the rezoning the land was valued at $200,000. After the rezoning the land was valued at $1m.\n(sch.1-sec.6-ssec.5) The race horse is derived by B from the commission of the confiscation offence of official corruption.\n(sch.1-sec.6-ssec.6) The race horse is tainted property under section 104 (1) (a) or (c) .\n(sch.1-sec.6-ssec.7) If the land is sold by A for $1m, $800,000 is tainted property under section 104 (1) (c) .","sortOrder":513},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Example 4","content":"### sch.1-sec.7 Example 4\n\nA is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.\nA came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.\nA used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.\nAll parts were used in, or in connection with, the commission of the confiscation offence of which A was convicted.\nBefore A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.\nA was still in possession of the other motor vehicle.\nThe motor vehicle kept in A’s possession is derived from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .\nThe vehicle is also derived directly from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .\nThe banked $30,000 and its accrued interest is property derived by A from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .\nThe $30,000 (and interest) is also derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .\nIf A uses the $30,000 (and interest) to buy another vehicle, the other vehicle is derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .\n(sch.1-sec.7-ssec.1) A is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.\n(sch.1-sec.7-ssec.2) A came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.\n(sch.1-sec.7-ssec.3) A used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.\n(sch.1-sec.7-ssec.4) All parts were used in, or in connection with, the commission of the confiscation offence of which A was convicted.\n(sch.1-sec.7-ssec.5) Before A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.\n(sch.1-sec.7-ssec.6) A was still in possession of the other motor vehicle.\n(sch.1-sec.7-ssec.7) The motor vehicle kept in A’s possession is derived from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .\n(sch.1-sec.7-ssec.8) The vehicle is also derived directly from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .\n(sch.1-sec.7-ssec.9) The banked $30,000 and its accrued interest is property derived by A from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .\n(sch.1-sec.7-ssec.10) The $30,000 (and interest) is also derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .\n(sch.1-sec.7-ssec.11) If A uses the $30,000 (and interest) to buy another vehicle, the other vehicle is derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .","sortOrder":514},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Example 5","content":"### sch.1-sec.8 Example 5\n\nA is convicted of the confiscation offence of producing a dangerous drug.\nA used A’s warehouse to produce the dangerous drug.\nA sells the warehouse and uses the proceeds to buy a house.\nThe house is property derived by A from property used in, or in connection with, the commission of the confiscation offence of producing a dangerous drug.\nThe house is tainted property under section 104 (1) (b) .\n(sch.1-sec.8-ssec.1) A is convicted of the confiscation offence of producing a dangerous drug.\n(sch.1-sec.8-ssec.2) A used A’s warehouse to produce the dangerous drug.\n(sch.1-sec.8-ssec.3) A sells the warehouse and uses the proceeds to buy a house.\n(sch.1-sec.8-ssec.4) The house is property derived by A from property used in, or in connection with, the commission of the confiscation offence of producing a dangerous drug.\n(sch.1-sec.8-ssec.5) The house is tainted property under section 104 (1) (b) .","sortOrder":515},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Example 6","content":"### sch.1-sec.9 Example 6\n\nA is convicted of the confiscation offence of carrying on the business of trafficking in a dangerous drug.\nOn A’s arrest, police seized $100,000 in cash derived by A from the commission of the serious offence.\nThe police deposit the $100,000 in a bank account in the name of the commissioner of the police service pending the outcome of the trial.\nThe banked $100,000 and its accrued interest is derived from the commission of the confiscation offence.\nThe property is tainted property under section 104 (1) (c) .\n(sch.1-sec.9-ssec.1) A is convicted of the confiscation offence of carrying on the business of trafficking in a dangerous drug.\n(sch.1-sec.9-ssec.2) On A’s arrest, police seized $100,000 in cash derived by A from the commission of the serious offence.\n(sch.1-sec.9-ssec.3) The police deposit the $100,000 in a bank account in the name of the commissioner of the police service pending the outcome of the trial.\n(sch.1-sec.9-ssec.4) The banked $100,000 and its accrued interest is derived from the commission of the confiscation offence.\n(sch.1-sec.9-ssec.5) The property is tainted property under section 104 (1) (c) .","sortOrder":516},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Assessment of benefits examples","content":"# Assessment of benefits examples","sortOrder":517},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Example 1","content":"### sch.1-sec.10 Example 1\n\nA and B are separately convicted of confiscation offences of carrying on the business of unlawfully trafficking in a dangerous drug.\nC bought the dangerous drug from B on 5 occasions for $2,000—a total of $10,000.\nB gave the money to A.\nA paid B a total of $1,000.\nB acted solely as an agent or courier of A.\nA is—\nthe supplier of the dangerous drug; and\nthe principal with whom C, through B, dealt.\nUnder sections 187 (1) (a) and (b) and 193 , the benefit derived by A is $10,000.\nUnder section 187 (1) (a) , the benefit derived by B is $1,000.\n(sch.1-sec.10-ssec.1) A and B are separately convicted of confiscation offences of carrying on the business of unlawfully trafficking in a dangerous drug.\n(sch.1-sec.10-ssec.2) C bought the dangerous drug from B on 5 occasions for $2,000—a total of $10,000.\n(sch.1-sec.10-ssec.3) B gave the money to A.\n(sch.1-sec.10-ssec.4) A paid B a total of $1,000.\n(sch.1-sec.10-ssec.5) B acted solely as an agent or courier of A.\n(sch.1-sec.10-ssec.6) A is— the supplier of the dangerous drug; and the principal with whom C, through B, dealt.\n(sch.1-sec.10-ssec.7) Under sections 187 (1) (a) and (b) and 193 , the benefit derived by A is $10,000.\n(sch.1-sec.10-ssec.8) Under section 187 (1) (a) , the benefit derived by B is $1,000.\n- (a) the supplier of the dangerous drug; and\n- (b) the principal with whom C, through B, dealt.","sortOrder":518},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Example 2","content":"### sch.1-sec.11 Example 2\n\nA is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\nIn the 5 years, A—\nreceived a total of $1m from punters placing bets; and\npaid a total of $400,000 to winning punters.\nUnder section 187 (1) (a) and 193 , the benefit derived by A is $1m.\nsch 1 s 11 amd 2010 No. 42 s 214 sch\n(sch.1-sec.11-ssec.1) A is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\n(sch.1-sec.11-ssec.2) In the 5 years, A— received a total of $1m from punters placing bets; and paid a total of $400,000 to winning punters.\n(sch.1-sec.11-ssec.3) Under section 187 (1) (a) and 193 , the benefit derived by A is $1m.\n- (a) received a total of $1m from punters placing bets; and\n- (b) paid a total of $400,000 to winning punters.","sortOrder":519},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Example 3","content":"### sch.1-sec.12 Example 3\n\nA is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\nMoney from the business of unlawful bookmaking was used by A—\nto lead a flamboyant lifestyle costing, on average, $60,000 for each year; and\nto pay off a mortgage on the mansion A lives in and a block of income producing home units.\nThe mansion and home units were bought in the 5 years.\nA—\nhad no assets at the start of the 5 years; and\ncan not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\nThe mansion and units are worth $1m.\nUnder sections 187 (1) , 188 , 189 and 190 —\nthe $1m current value of the mansion and units is a derived benefit; and\nthe amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.\nsch 1 s 12 amd 2009 No. 2 s 65 ; 2010 No. 42 s 214 sch\n(sch.1-sec.12-ssec.1) A is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\n(sch.1-sec.12-ssec.2) Money from the business of unlawful bookmaking was used by A— to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and to pay off a mortgage on the mansion A lives in and a block of income producing home units.\n(sch.1-sec.12-ssec.3) The mansion and home units were bought in the 5 years.\n(sch.1-sec.12-ssec.4) A— had no assets at the start of the 5 years; and can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\n(sch.1-sec.12-ssec.5) The mansion and units are worth $1m.\n(sch.1-sec.12-ssec.6) Under sections 187 (1) , 188 , 189 and 190 — the $1m current value of the mansion and units is a derived benefit; and the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.\n- (a) to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and\n- (b) to pay off a mortgage on the mansion A lives in and a block of income producing home units.\n- (a) had no assets at the start of the 5 years; and\n- (b) can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.\n- (a) the $1m current value of the mansion and units is a derived benefit; and\n- (b) the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.","sortOrder":520},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Example 4","content":"### sch.1-sec.13 Example 4\n\nA is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\nA carried on the business by—\ntaking all bets on credit; and\npaying all winning bets and receiving all losing bets at the end of each week.\nThe total value of all bets placed with A in the 5 years was $1m.\nThe total value of all losing bets received by A in the 5 years was $600,000.\nUnder section 187 (1) (a) , the benefit derived by A is $600,000.\nsch 1 s 13 amd 2010 No. 42 s 214 sch\n(sch.1-sec.13-ssec.1) A is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years.\n(sch.1-sec.13-ssec.2) A carried on the business by— taking all bets on credit; and paying all winning bets and receiving all losing bets at the end of each week.\n(sch.1-sec.13-ssec.3) The total value of all bets placed with A in the 5 years was $1m.\n(sch.1-sec.13-ssec.4) The total value of all losing bets received by A in the 5 years was $600,000.\n(sch.1-sec.13-ssec.5) Under section 187 (1) (a) , the benefit derived by A is $600,000.\n- (a) taking all bets on credit; and\n- (b) paying all winning bets and receiving all losing bets at the end of each week.","sortOrder":521},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Example 5","content":"### sch.1-sec.14 Example 5\n\nA is convicted of producing a dangerous drug, that is, cannabis.\nA had grown and sold 1,000 marijuana plants.\nEach cannabis plant, on average, yielded 0.5kg of saleable material.\nThe market value of the cannabis in the form sold was $2,500 for 0.5kg.\nUnder section 187 (1) (c) (i) , the benefit derived by A was $2.5m.\nsch 1 s 14 amd 2010 No. 42 s 214 sch\n(sch.1-sec.14-ssec.1) A is convicted of producing a dangerous drug, that is, cannabis.\n(sch.1-sec.14-ssec.2) A had grown and sold 1,000 marijuana plants.\n(sch.1-sec.14-ssec.3) Each cannabis plant, on average, yielded 0.5kg of saleable material.\n(sch.1-sec.14-ssec.4) The market value of the cannabis in the form sold was $2,500 for 0.5kg.\n(sch.1-sec.14-ssec.5) Under section 187 (1) (c) (i) , the benefit derived by A was $2.5m.","sortOrder":522},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Example 6","content":"### sch.1-sec.15 Example 6\n\nA is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.\nA came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.\nA used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.\nBefore A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.\nA was still in possession of the other motor vehicle.\nUnder section 187 (1) (a) and 192 , the benefit derived by A is—\nthe banked $30,000 and its accrued interest; and\nthe value of the motor vehicle still in A’s possession.\n(sch.1-sec.15-ssec.1) A is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.\n(sch.1-sec.15-ssec.2) A came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.\n(sch.1-sec.15-ssec.3) A used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.\n(sch.1-sec.15-ssec.4) Before A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.\n(sch.1-sec.15-ssec.5) A was still in possession of the other motor vehicle.\n(sch.1-sec.15-ssec.6) Under section 187 (1) (a) and 192 , the benefit derived by A is— the banked $30,000 and its accrued interest; and the value of the motor vehicle still in A’s possession.\n- (a) the banked $30,000 and its accrued interest; and\n- (b) the value of the motor vehicle still in A’s possession.","sortOrder":523},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Section 29 offences","content":"# Section 29 offences","sortOrder":524},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":null,"content":"### Section sch.2-sec\n\nAny offence punishable by imprisonment for 5 years or more and involving any of the following—\nmurder;\npiracy;\nkidnapping for ransom;\nextortion;\nbribery;\na secret commission;\nloss of revenue to the State;\ncorruption;\nstealing, receiving, fraud or other dishonesty;\nconspiracy to obstruct, prevent, pervert or defeat the course of justice;\nmoney laundering;\ncommercial sexual services under the Criminal Code , section 1 ;\ngambling;\nchild pornography;\na dangerous drug as defined under the Drugs Misuse Act 1986 ;\ntrafficking in weapons.\nAn ancillary offence, to an offence mentioned in item 1, punishable by imprisonment for 5 years or more.\n(sch.2-sec-ssec.1) Any offence punishable by imprisonment for 5 years or more and involving any of the following— murder; piracy; kidnapping for ransom; extortion; bribery; a secret commission; loss of revenue to the State; corruption; stealing, receiving, fraud or other dishonesty; conspiracy to obstruct, prevent, pervert or defeat the course of justice; money laundering; commercial sexual services under the Criminal Code , section 1 ; gambling; child pornography; a dangerous drug as defined under the Drugs Misuse Act 1986 ; trafficking in weapons.\n(sch.2-sec-ssec.2) An ancillary offence, to an offence mentioned in item 1, punishable by imprisonment for 5 years or more.\n- (a) murder;\n- (b) piracy;\n- (c) kidnapping for ransom;\n- (d) extortion;\n- (e) bribery;\n- (f) a secret commission;\n- (g) loss of revenue to the State;\n- (h) corruption;\n- (i) stealing, receiving, fraud or other dishonesty;\n- (j) conspiracy to obstruct, prevent, pervert or defeat the course of justice;\n- (k) money laundering;\n- (l) commercial sexual services under the Criminal Code , section 1 ;\n- (m) gambling;\n- (n) child pornography;\n- (o) a dangerous drug as defined under the Drugs Misuse Act 1986 ;\n- (p) trafficking in weapons.","sortOrder":525},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Confiscation offences","content":"# Confiscation offences","sortOrder":526},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.2-sec-oc.2\n\nClassification of Computer Games and Images Act 1995\nClassification of Films Act 1991\nClassification of Publications Act 1991\nDrugs Misuse Act 1986 , section 10A\nAustralian Consumer Law (Queensland), chapter 4, part 4-1 (other than division 3 )\nFisheries Act 1994\nLiquor Act 1992 , part 6 , division 3\nMedicines and Poisons Act 2019\nNature Conservation Act 1992\nWeapons Act 1990\n(sch.2-sec-oc.2-ssec.1) Classification of Computer Games and Images Act 1995\n(sch.2-sec-oc.2-ssec.2) Classification of Films Act 1991\n(sch.2-sec-oc.2-ssec.3) Classification of Publications Act 1991\n(sch.2-sec-oc.2-ssec.4) Drugs Misuse Act 1986 , section 10A\n(sch.2-sec-oc.2-ssec.5) Australian Consumer Law (Queensland), chapter 4, part 4-1 (other than division 3 )\n(sch.2-sec-oc.2-ssec.6) Fisheries Act 1994\n(sch.2-sec-oc.2-ssec.7) Liquor Act 1992 , part 6 , division 3\n(sch.2-sec-oc.2-ssec.8) Medicines and Poisons Act 2019\n(sch.2-sec-oc.2-ssec.9) Nature Conservation Act 1992\n(sch.2-sec-oc.2-ssec.10) Weapons Act 1990","sortOrder":527}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has been amended multiple times (notably in 2009 and 2013) to significantly expand its original scope. Key expansions include: the addition of unexplained wealth orders (2013), extension to external (interstate and international) serious crime related activities, broadening of examination powers to include spouses and third parties, and provisions allowing proceedings where no suspect has been identified. The 2009 amendments introduced the formal investigation order regime and expanded information-sharing with law enforcement agencies. These amendments substantially broadened the reach of the original 2002 framework beyond its initial focus on identifiable suspects with traceable proceeds."},"complexity_factors":["Multiple interlocking order types (restraining orders, forfeiture orders, proceeds assessment orders, unexplained wealth orders, examination orders, property particulars orders, property seizure orders, administration orders) each with distinct rules and triggers","Civil standard of proof (balance of probabilities) applied to what are effectively punitive outcomes, creating unusual legal hybrid","Proceedings can run without a named respondent (unidentified perpetrator provisions), departing from normal adversarial process","Broad and cascading definitions of 'property', 'effective control', 'proceeds', and 'illegally acquired property' that extend liability through multiple layers of transactions","Retrospective application — covers activity and transactions before the Act commenced","Reversal of evidentiary burden — respondents must demonstrate lawful acquisition","Complex interaction with other Acts (Crime and Corruption Act 2001, Police Powers and Responsibilities Act 2000, Legal Aid Act, Recording of Evidence Act 1962)","Privilege against self-incrimination is abrogated for examinations but with limited-use protections, creating nuanced admissibility rules","6-year lookback on gifts and proceeds creates long-tail liability for third parties","Provisions applicable to activity occurring outside Queensland and internationally (external serious crime related activities)","No conviction required — the Act operates independently of criminal proceedings and their outcomes including acquittals"],"plain_english_summary":"## Criminal Proceeds Confiscation Act 2002 (Queensland)\n\n### What is this law?\nThis is a Queensland law that allows the government to **seize and keep property and money that came from criminal activity** — even if no one has been convicted of a crime, or even if the criminal hasn't been identified.\n\n### Who does it affect?\nAnyone in Queensland (or with property in Queensland) who:\n- Is **suspected** of serious criminal activity (crimes carrying 5+ years jail)\n- Has wealth they **cannot explain** (unexplained wealth orders)\n- Received **gifts** from a suspected criminal within the last 6 years\n- Is a **spouse, family member, or associate** of someone under investigation\n- Holds property that is **controlled by** a suspected criminal, even if it's technically in their own name\n\n### What can the government do?\n\n**Step 1 – Freeze your assets (Restraining Order)**\nPolice or the Crime and Corruption Commission (CCC) can ask the Supreme Court — *without telling you first* — to freeze your bank accounts, house, car, business, or other property. The freeze kicks in immediately and lasts 28 days, but can be extended indefinitely if further proceedings are started.\n\n**Step 2 – Investigate**\nOnce your property is frozen, you or your spouse can be summoned to court to answer questions under oath about your finances and assets. You **cannot refuse** to answer, even if your answers might incriminate you — though your answers generally can't be used against you in a criminal trial.\n\n**Step 3 – Permanently take the property (Forfeiture Order)**\nThe court can permanently confiscate property if it decides it is *more likely than not* (a lower standard than criminal conviction) that the property came from serious crime. The perpetrator doesn't even need to be identified.\n\n**Step 4 – Make you pay (Proceeds Assessment or Unexplained Wealth Orders)**\nEven if specific property can't be seized, the court can order you to pay the State an amount equal to:\n- The estimated proceeds of your criminal activity over the **past 6 years**, or\n- The portion of your wealth you **cannot explain** as lawfully acquired\n\nThis debt can be recovered just like any other debt.\n\n### Key things to know\n- **No conviction required:** Property can be taken even if you're acquitted, never charged, or the case is dropped\n- **Reverse burden:** You may need to prove your property was *lawfully* acquired to get it back\n- **Gifts at risk:** If you received a gift from a suspected criminal within 6 years, that gift can be frozen and seized\n- **Living expenses:** If all your assets are frozen, you can apply to the court to release funds for basic living costs, but *not* for legal fees to fight the very proceedings against you (separate Legal Aid provisions apply)\n- **Retrospective:** The law applies to activity that happened *before* it was passed\n\n### Why does it matter?\nThis is one of the most powerful property seizure regimes in Queensland law. It flips the usual legal principle — instead of the government proving you're guilty, *you* may need to prove your property is clean. Innocent third parties (family members, business partners) can also be caught up if their property is connected to a suspect."},"kimi_summary":{"_metrics":{"completionTokens":704},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2002 framework. Major additions include: Chapter 2A (serious drug offender confiscation orders) added in 2013; unexplained wealth orders (Part 5A) added in 2013; hardship order provisions for dependants; and extensive amendments to examination powers and information sharing. The scope now covers not just convicted persons but suspected offenders, third-party property holders, and creates a parallel civil forfeiture system that operates independently of criminal proceedings."},"complexity_factors":["Multiple overlapping confiscation mechanisms (restraining, forfeiture, proceeds assessment, unexplained wealth, serious drug offender orders) with different triggers and standards","Extensive cross-referencing between chapters 2, 2A and 3, with definitions that apply across the whole Act","Nested conditional logic: 'effective control' definition spans 6 subsections with multiple exceptions and deeming provisions","Temporal complexity: 6-year limitation periods that can extend before and after commencement, with multiple calculation methods","Property characterization rules with recursive definitions (illegally acquired property includes proceeds of dealing with illegally acquired property)","Examination orders override privilege against self-incrimination but with complex admissibility carve-outs","Hardship order provisions with multiple eligibility conditions and time limits","Serious drug offender provisions require tracking through Penalties and Sentences Act definitions (category A/B/C offences, serious drug offence certificates)","Registration and priority rules interacting with Personal Property Securities Act, Land Title Act, and Bankruptcy Act","Multiple amendment notes showing substantial evolution since 2002"],"plain_english_summary":"This legislation allows Queensland authorities to confiscate property and money derived from serious criminal activity, even without a criminal conviction. **Key features:**\n\n**Three main ways the State can take your assets:**\n- **Restraining orders** – freeze property so it can't be sold or moved while investigations happen\n- **Forfeiture orders** – permanently confiscate property if the court finds it's more likely than not (civil standard) that it came from serious crime\n- **Proceeds assessment orders** – require payment of money equal to profits from illegal activity over the past 6 years\n- **Unexplained wealth orders** – require payment when someone can't explain how they acquired their wealth\n\n**Critical points:**\n- **No conviction needed** – the State can target property even if the person was never charged, acquitted, or if charges were dropped\n- **Lower standard of proof** – \"more probable than not\" (civil standard), not \"beyond reasonable doubt\" (criminal standard)\n- **Reverse burden in some cases** – for unexplained wealth, the person must prove their wealth was lawfully acquired\n- **Can target third parties** – property held by family members, trusts, or associates can be frozen if the State suspects \"effective control\"\n- **Hardship protections** – dependants can apply to keep family homes or essential property\n\n**Who it affects:** Anyone suspected of serious crimes (carrying 5+ year penalties), their family members, business associates, and anyone holding property the State believes is tainted by crime.\n\n**Why it matters:** This is powerful civil forfeiture law that operates parallel to criminal justice, with significant implications for property rights and the presumption of innocence in financial matters."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-proceeds-confiscation-act-2002","history":"/api/acts/criminal-proceeds-confiscation-act-2002/history","analysis":"/api/acts/criminal-proceeds-confiscation-act-2002/analysis","conflicts":"/api/acts/criminal-proceeds-confiscation-act-2002/conflicts","importantCases":"/api/acts/criminal-proceeds-confiscation-act-2002/important-cases","documents":"/api/acts/criminal-proceeds-confiscation-act-2002/documents"}}