Preliminary

sec.13 Explanation of ch 2

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. 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. 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. 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. 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. 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) . The amount payable under the proceeds assessment order or unexplained wealth order may be recovered as a debt payable to the State. 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. s 13 amd 2013 No. 21 s 18 (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. (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. (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. (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. (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. (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) . (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. (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.

• (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
• (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.

sec.14 Application of ch 2

Subject 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.

Interpretation

References to relevant offences

sec.15 Meaning of illegal activity

An illegal activity is an activity that is— a serious crime related activity; or an act or omission that is an offence against the law of Queensland or the Commonwealth; or an act or omission committed outside Queensland that— is an offence against the law of the place in which it is committed; and would be an offence mentioned in paragraph (b) if it were committed in Queensland. This definition applies to the whole Act. See the dictionary.

• (a) a serious crime related activity; or
• (b) an act or omission that is an offence against the law of Queensland or the Commonwealth; or
• (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.
• (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.
• (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.

sec.16 Meaning of serious crime related activity and external serious crime related activity

Anything done by a person that was, when it was done, a serious criminal offence, is a serious crime related activity . 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. 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. s 16 amd 2009 No. 2 s 5 (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 . (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. (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.

• (a) has been tried; or
• (b) has been tried and acquitted; or
• (c) has been convicted, even if the conviction has been quashed or set aside.

sec.17 Meaning of serious criminal offence

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. In this section— indictable offence includes an indictable offence dealt with summarily. s 17 amd 2009 No. 2 s 6 ; 2010 No. 42 s 214 sch (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. (sec.17-ssec.2) In this section— indictable offence includes an indictable offence dealt with summarily.

• (a) an indictable offence for which the maximum penalty is at least 5 years imprisonment;
• (b) an offence prescribed under a regulation for this definition;
• (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) ;
• (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.

References to proceeds, property and benefits

sec.18 Meaning of proceeds

Proceeds , in relation to an activity, includes property and another benefit derived because of the activity— by the person who engaged in the activity; or by another person at the direction or request, directly or indirectly, of the person who engaged in the activity.

• (a) by the person who engaged in the activity; or
• (b) by another person at the direction or request, directly or indirectly, of the person who engaged in the activity.

sec.19 Meaning of property

Property of a person— includes— an interest the person has in a licence a person must hold to carry on a particular business; and an interest the person has in the goodwill of a business; and property of someone else that is under the effective control of the person; and does not include property of the person that is under the effective control of someone else. This provision is in addition to the definition of property given by the Acts Interpretation Act 1954 , schedule 1 . s 19 amd 2004 No. 43 s 35 ; 2013 No. 39 s 110 (1) sch 3 pt 1

• (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
• (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
• (b) does not include property of the person that is under the effective control of someone else.
• (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

sec.20 Meaning of effective control of property

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. 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. 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. 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. 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. 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. s 20 amd 2009 No. 2 s 7 (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. (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. (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. (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. (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. (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.

• (a) the person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or
• (b) the person does not otherwise have an interest in the property.
• (a) whether or not property is under a person’s effective control; or
• (b) whether or not there are reasonable grounds to suspect that property is under a person’s effective control.
• (a) shareholdings in, debentures over, or directorships of, a corporation that has a direct or indirect interest in the property; and
• (b) a trust that has a relationship to the property; and
• (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.
• (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.
• (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.
• (a) is held by another person for the ultimate benefit of the first person; or
• (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.
• (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
• (b) the restraining order directs the public trustee to take control of the property.

sec.21 Meaning of benefit and benefit derived

Benefit includes service and advantage. A benefit derived by a person includes a benefit derived by someone else at the person’s request or direction. (sec.21-ssec.1) Benefit includes service and advantage. (sec.21-ssec.2) A benefit derived by a person includes a benefit derived by someone else at the person’s request or direction.

References to illegally acquired property and serious crime derived property

sec.22 Meaning of illegally acquired property

Property is illegally acquired property if it is all or part of the proceeds of an illegal activity. 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. 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) . 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. 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. (sec.22-ssec.1) Property is illegally acquired property if it is all or part of the proceeds of an illegal activity. (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. (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) . (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. (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.

• (a) it is all or part of the proceeds of dealing with illegally acquired property; or
• (b) all or part of it was acquired using illegally acquired property.

sec.23 Meaning of serious crime derived property

Property is serious crime derived property if it is all or part of the proceeds of a serious crime related activity. 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. 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) . 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. 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. (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. (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. (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) . (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. (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.

• (a) it is all or part of the proceeds of dealing with serious crime derived property; or
• (b) all or part of it was acquired using serious crime derived property.

sec.24 Definitions for sdiv 2

In this subdivision— character of property means its character as either illegally acquired property or serious crime derived property. property means property that is either of the following because of subdivision 1 — illegally acquired property; serious crime derived property.

• (a) illegally acquired property;
• (b) serious crime derived property.

sec.25 Property retains its character despite disposal

Illegally 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 .

sec.26 When property stops being illegally acquired property or serious crime derived property

Property stops being illegally acquired property or serious crime derived property— 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 when it vests in a person on the distribution of the estate of a deceased; or 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 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 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 in circumstances prescribed under a regulation. s 26 amd 2013 No. 21 s 19

• (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
• (b) when it vests in a person on the distribution of the estate of a deceased; or
• (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
• (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
• (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
• (f) in circumstances prescribed under a regulation.

sec.27 Property may again become illegally acquired property or serious crime derived property

If 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. For an example of the practical operation of this provision, see schedule 1 , part 1 , example 2.

Restraining orders

Application for restraining orders

sec.28 Application for restraining order

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. 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. 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. 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. 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. s 28 amd 2009 No. 2 s 8 ; 2013 No. 21 s 20 (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. (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. (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. (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. (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.

• (a) must be supported by an affidavit of an authorised commission officer or a police officer; and
• (b) may be made without notice to any person to whom it relates.
• (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;
• (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;
• (b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent;
• (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.
• (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;

sec.29 Affidavit

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. 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. s 29 amd 2009 No. 2 s 9 ; 2013 No. 21 s 21 (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. (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.

• (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
• (i) has engaged in 1 or more serious crime related activities; and
• (ii) the reason for the suspicion; or
• (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
• (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
• (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
• (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.
• (i) has engaged in 1 or more serious crime related activities; and
• (ii) the reason for the suspicion; or
• (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

sec.30 Notice of application

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. Notice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application. 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. s 30 sub 2003 No. 55 s 44A (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. (sec.30-ssec.2) Notice given under subsection (1) (a) must be accompanied by a copy of the affidavit supporting the application. (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.

• (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
• (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.

Making restraining orders

sec.30A Hearing of application

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. Despite subsection (1) , the court must consider the application without notice having been given if an appropriate officer asks the court to do so. 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. 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. s 30A ins 2003 No. 55 s 44A amd 2013 No. 21 s 22 (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. (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. (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. (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.

sec.31 Making restraining order

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. 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. 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. 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. 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. (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. (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. (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. (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. (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.

• (a) the court is satisfied in the particular circumstances it is not in the public interest to make the order; or
• (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.
• (a) a proceeding under this Act; or
• (b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.

sec.32 Conditions of restraining order

It is a condition of every restraining order that the person whose property is restrained under the order must preserve the property. 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 . (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. (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 .

• (a) a condition about who is to have possession of the property;
• (b) a condition of a kind mentioned in section 33 or 34 .

sec.33 Condition about dealing with property by agreement

The 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— 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 the application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act. s 33 amd 2013 No. 21 s 23

• (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
• (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.

sec.34 Condition about particular payments out of restrained property

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. 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) . 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. 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. s 34 amd 2013 No. 21 s 24 (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. (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) . (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. (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.

• (a) the person’s reasonable living expenses and reasonable business expenses;
• (b) the reasonable living expenses of any of the person’s dependants;
• (c) a stated debt incurred in good faith by the person.
• (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
• (b) the property from which the expenses or debt are to be paid is not illegally acquired property.
• (a) the person is a party to a proceeding under this Act; or
• (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.

sec.35 Restraining order may direct public trustee to take control of property

If 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.

sec.36 Duration of restraining order

A restraining order is in force for 28 days after it is made. 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 . s 36 amd 2013 No. 21 s 25 (sec.36-ssec.1) A restraining order is in force for 28 days after it is made. (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 .

• (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
• (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
• (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
• (c) the order continues in force because of an order of the Supreme Court under section 54 .
• (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

Making other orders

sec.37 Supreme Court may make other orders

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 . 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. 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. 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. Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave. 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. 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. The State may apply for an investigation order. 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) . 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. 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) . s 37 amd 2009 No. 2 s 10 (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 . (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. (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. (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. (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. (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. (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. (sec.37-ssec.8) The State may apply for an investigation order. (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) . (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. (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) .

• (a) the person is a party to a proceeding under this Act; or
• (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.
• (a) when making the restraining order or, on application, at a later time; and
• (b) whether or not it affects a person whose property is restrained under the restraining order.
• (a) the State;
• (b) a person whose property is restrained under the restraining order;
• (c) if the restraining order directs the public trustee to take control of restrained property under the restraining order—the public trustee.
• (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
• (b) to the person whose property is to be seized if the order is made under section 38A (1) (d) .

sec.37A Hearing of application

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. 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. 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. 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. s 37A ins 2009 No. 2 s 11 (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. (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. (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. (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.

sec.38 Administration orders Supreme Court may make

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. A person must not contravene an order mentioned in subsection (1) (e) . Maximum penalty—100 penalty units or 2 years imprisonment. s 38 amd 2003 No. 55 s 45 sub 2009 No. 2 s 12 (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. (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.

• (a) an order varying the property restrained under the restraining order;
• (b) an order imposing additional conditions on the restraining order or varying a condition of the order;
• (c) an order about the performance of an undertaking given in relation to the restraining order for the payment of damages or costs;
• (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;
• (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;
• (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;
• (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.
• (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.
• (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;
• (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.

sec.38A Investigation orders Supreme Court may make

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. 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. 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. 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. s 38A prev s 38A ins 2003 No. 55 s 46 om 2009 No. 2 s 14 pres s 38A ins 2009 No. 2 s 13 (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. (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. (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. (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.

• (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;
• (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;
• (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;
• (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;
• (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;
• (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.
• (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;
• (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;

Provisions about particular orders

sec.39 Court officer’s power to conduct examinations

This section applies if a court officer conducts an examination under an examination order. The court officer constitutes, and may exercise all the jurisdiction and powers of, the court. However, the court officer may not exercise any power of the court to punish for contempt. s 39 sub 2009 No. 2 s 15 (sec.39-ssec.1) This section applies if a court officer conducts an examination under an examination order. (sec.39-ssec.2) The court officer constitutes, and may exercise all the jurisdiction and powers of, the court. (sec.39-ssec.3) However, the court officer may not exercise any power of the court to punish for contempt.

sec.39A Time and place of examination

The examination of a person must be conducted at the time and place stated in the examination order. s 39A ins 2004 No. 43 s 36

sec.39B Examination to take place in private

The examination must take place in private. The court or court officer may give directions about who may be present during the examination, or during a part of it. 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) . s 39B ins 2004 No. 43 s 36 amd 2009 No. 2 s 16 (sec.39B-ssec.1) The examination must take place in private. (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. (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) .

• (a) a lawyer of the person being examined; and
• (b) an appropriate officer; and
• (c) a commission officer; and
• (d) a lawyer representing an appropriate officer or a commission officer; and
• (e) any person who is entitled to be present because of a direction under subsection (2) .

sec.39C Role of the examinee’s lawyer

The lawyer of the person being examined may, at the times during the examination that the court or court officer decides— address the court or court officer about matters on which the person has been examined; and examine the person about matters on which the person has been examined. s 39C ins 2004 No. 43 s 36 amd 2009 No. 2 s 17

• (a) address the court or court officer about matters on which the person has been examined; and
• (b) examine the person about matters on which the person has been examined.

sec.39D Recording evidence

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. 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. The court or court officer must authenticate and sign any deposition or other recording. 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. 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. s 39D ins 2004 No. 43 s 36 amd 2009 No. 2 s 18 ; 2013 No. 3 s 61 sch 2 (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. (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. (sec.39D-ssec.2) The court or court officer must authenticate and sign any deposition or other recording. (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. (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.

• (a) contain, in question and answer form, the evidence of the person examined; and
• (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
• (c) be signed by the person, or, if the person refuses to sign the deposition, by the court or court officer for the person.

sec.40 Privilege—examination order

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. 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. (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. (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.

• (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
• (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
• (c) answering the question or producing the document would disclose information that is the subject of legal professional privilege.
• (a) a proceeding about the false or misleading nature of the statement or disclosure; or
• (b) a proceeding on an application under this Act; or
• (c) a proceeding for the enforcement of a confiscation order; or
• (d) for a document or other thing, a proceeding about a right or liability it confers or imposes.

sec.41 Offence to contravene examination order

A person who is required to attend an examination under an examination order under this part must not— fail to attend as required by the order, unless the person has a reasonable excuse; or fail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or fail to take an oath for the purpose of the examination; or fail to answer a question that the person is directed to answer by the court or court officer; or make a statement in the examination that is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment. s 41 amd 2009 No. 2 s 19

• (a) fail to attend as required by the order, unless the person has a reasonable excuse; or
• (b) fail to attend from day to day until the conclusion of the examination, unless the person has a reasonable excuse; or
• (c) fail to take an oath for the purpose of the examination; or
• (d) fail to answer a question that the person is directed to answer by the court or court officer; or
• (e) make a statement in the examination that is false or misleading in a material particular.

sec.41A Use and dissemination of examination information

This section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ). 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. 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. 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. s 41A ins 2009 No. 2 s 20 (sec.41A-ssec.1) This section applies to a statement, disclosure, document or other thing mentioned in section 40 (2) ( examination information ). (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. (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. (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.

• (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
• (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.
• (a) the fact that the examination information was obtained because of section 40 and subject to section 39B ; or
• (b) any duty of confidentiality owed to the person from whom the examination information was obtained; or
• (c) the objects of this Act or the particular purpose for which the examination information was obtained.

sec.42 Privilege—property particulars order

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. 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. (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. (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.

sec.42A Offence to contravene property particulars order

A person directed under a property particulars order to give a statement to the commission within a stated period of time— must comply with the direction unless the person has a reasonable excuse; and must not make a statement that is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment. s 42A ins 2009 No. 2 s 21

• (a) must comply with the direction unless the person has a reasonable excuse; and
• (b) must not make a statement that is false or misleading in a material particular.

sec.43 If property seizure order directed to commission officer

This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer. 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. Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 . The Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant. 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. The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order. s 43 amd 2014 No. 21 s 94 (2) sch 2 (sec.43-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a commission officer. (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. (sec.43-ssec.3) Property seized under the order is taken to have been seized under the Crime and Corruption Act 2001 . (sec.43-ssec.4) The Crime and Corruption Act 2001 , section 93 applies to the order as if the order were a search warrant. (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. (sec.43-ssec.6) The Crime and Corruption Act 2001 , sections 113 and 114 do not apply to property seized under the order.

• (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
• (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.

sec.44 If property seizure order directed to police officer

This section applies if the Supreme Court makes a property seizure order that is directed to a police officer. 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. Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 . The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant. 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. s 44 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ) (sec.44-ssec.1) This section applies if the Supreme Court makes a property seizure order that is directed to a police officer. (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. (sec.44-ssec.3) Property seized under the order is taken to have been seized under the Police Powers and Responsibilities Act 2000 . (sec.44-ssec.4) The Police Powers and Responsibilities Act 2000 , section 158 applies to the order as if it were a search warrant. (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.

• (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
• (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.

Notice of restraining order and other orders

sec.45 Notice of restraining order and other orders

This section applies if the Supreme Court— makes a restraining order; or makes another order under division 3 in relation to a restraining order. 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. 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. If the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order. 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) . 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. s 45 amd 2009 No. 2 s 22 (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. (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. (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. (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. (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) . (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.

• (a) makes a restraining order; or
• (b) makes another order under division 3 in relation to a restraining order.
• (a) must give the commission a copy of the order; and
• (b) must give the notice required to be given under subsection (2) or (3) .

Sale of restrained property

sec.46 Supreme Court may order sale of restrained property

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. 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 State must give notice of the application to each person who has an interest in the application property. 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. 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. (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. (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 ). (sec.46-ssec.3) The State must give notice of the application to each person who has an interest in the application property. (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. (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.

• (a) the application property may deteriorate or lose value before the forfeiture order application is decided; or
• (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.

Exclusion of property from restraining order

sec.47 Supreme Court may exclude prescribed respondent’s property from restraining order

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. 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 . 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. The grounds for the application and the facts relied on must be stated fully in the notice. The State must be a party to the application. Anyone else who is given notice of the application may appear at the hearing of the application. If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application. The State must give the applicant notice of the grounds for opposing the application. 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. 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. s 47 amd 2009 No. 2 s 23 (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. (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 . (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. (sec.47-ssec.3A) The grounds for the application and the facts relied on must be stated fully in the notice. (sec.47-ssec.4) The State must be a party to the application. (sec.47-ssec.5) Anyone else who is given notice of the application may appear at the hearing of the application. (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. (sec.47-ssec.7) The State must give the applicant notice of the grounds for opposing the application. (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. (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.

• (a) the State is not required to give the notice; and
• (b) the application may not be heard;

sec.48 When Supreme Court may exclude prescribed respondent’s property

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. 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. 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. s 48 amd 2003 No. 55 s 46A ; 2013 No. 21 s 26 (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. (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. (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.

• (a) it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and
• (b) the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.

sec.49 Supreme Court may exclude other property from restraining order

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. 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. The grounds for the application and the facts relied on must be stated fully in the notice. The State must be a party to the application. Anyone else who is given notice of the application may appear at the hearing of the application. If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application. The State must give the applicant notice of the grounds for opposing the application. 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. 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. s 49 amd 2009 No. 2 s 24 (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. (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. (sec.49-ssec.2A) The grounds for the application and the facts relied on must be stated fully in the notice. (sec.49-ssec.3) The State must be a party to the application. (sec.49-ssec.4) Anyone else who is given notice of the application may appear at the hearing of the application. (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. (sec.49-ssec.6) The State must give the applicant notice of the grounds for opposing the application. (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. (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.

• (a) the State is not required to give the notice; and
• (b) the application may not be heard;

sec.50 When Supreme Court may exclude applicant’s property

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. 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. 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. The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate. s 50 amd 2003 No. 55 s 46B (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. (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. (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. (sec.50-ssec.4) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.

• (a) in good faith and for sufficient consideration; and
• (b) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property.

Revocation of restraining order

sec.50A Application to revoke restraining order

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. 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. The applicant must give to the State written notice of the making of the application and the grounds for the application. The restraining order remains in force until the court revokes the order or the order otherwise stops having effect. The State may present additional material to the court relating to the application to revoke the restraining order. 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. s 50A ins 2003 No. 55 s 46C (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. (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. (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. (sec.50A-ssec.4) The restraining order remains in force until the court revokes the order or the order otherwise stops having effect. (sec.50A-ssec.5) The State may present additional material to the court relating to the application to revoke the restraining order. (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.

sec.50B Notice of revocation of restraining order

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. Subsection (1) does not require the State to notify the applicant for the revocation of the restraining order of the revocation of the order. s 50B ins 2003 No. 55 s 46C (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. (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.

• (a) each person whose property was restrained under the order, if known; and
• (b) anyone else who was affected by the order.

Other provisions about restraining orders

sec.51 Recording of restraining order

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. 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. Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person. 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. 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. 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. 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. (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. (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. (sec.51-ssec.3) Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person. (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. (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. (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. (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.

• (a) the commission or the commissioner of the police service must apply for cancellation of the record of the order; and
• (b) the authority responsible for administering the relevant law must take the steps necessary to cancel the record.

sec.52 Contravention of restraining order

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. 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. 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. 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. 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. Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order. s 52 amd 2010 No. 44 s 170 ; 2013 No. 21 s 27 sub 2017 No. 6 s 14 (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. (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. (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. (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. (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. (sec.52-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the restraining order.

• (a) for a financial institution—2,500 penalty units or the value of the restrained property, whichever is the higher amount; or
• (b) otherwise— (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or (ii) 7 years imprisonment.
• (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or
• (ii) 7 years imprisonment.
• (i) 1,000 penalty units or the value of the restrained property, whichever is the higher amount; or
• (ii) 7 years imprisonment.
• (a) a motor vehicle, boat or outboard motor the subject of a restraining order registered under the Personal Property Securities Act 2009 (Cwlth) ; or
• (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.
• (a) did not know, and could not reasonably be expected to have known, that the property was restrained under a restraining order; and
• (b) acted in good faith; and
• (c) provided sufficient consideration for the dealing.

sec.53 Restraining order does not prevent other action under this Act

A restraining order does not prevent the enforcement of any other order made under this Act against restrained property under a restraining order.

sec.54 Effect of dismissal of particular applications on restraining order

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. 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. An order under subsection (2) may be made to take effect immediately, at a stated time, or when a stated event happens. s 54 amd 2013 No. 21 s 28 (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. (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. (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.

• (a) a forfeiture order for the property; or
• (b) a proceeds assessment order against the person whose property is restrained under the restraining order; or
• (c) an unexplained wealth order against the person whose property is restrained under the restraining order.
• (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
• (b) make another order the court considers appropriate about the operation of the restraining order.

sec.55 Authority under restraining order

A 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.

Forfeiture orders

Making and effect of forfeiture orders

sec.56 Application for forfeiture order

The State may apply to the Supreme Court for an order ( forfeiture order ) forfeiting to the State particular property restrained under a restraining order. 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. (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. (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.

sec.57 Notice of application

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. A person given notice under subsection (1) may appear at the hearing of the application. Anyone else who claims any of the property may also appear at the hearing of the application. The absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order. (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. (sec.57-ssec.2) A person given notice under subsection (1) may appear at the hearing of the application. (sec.57-ssec.3) Anyone else who claims any of the property may also appear at the hearing of the application. (sec.57-ssec.4) The absence of a person given notice under subsection (1) does not prevent the court from making a forfeiture order.

sec.58 Making forfeiture order

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. 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. 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. 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. 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. 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. 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 . 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 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. s 58 amd 2004 No. 43 s 3 sch (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. (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. (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. (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. (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. (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. (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 . (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 (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.

• (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
• (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.
• (a) need not be based on a finding about the commission of a particular offence; and
• (b) may be based on a finding that some offence that is a serious crime related activity was committed.
• (a) means the period of 6 years before the day the application for the order is made; and
• (b) includes periods before and after the commencement of this section.

sec.58A Forfeiture order relating to external serious crime related activity

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. 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. 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. s 58A ins 2009 No. 2 s 25 amd 2013 No. 21 s 29 (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. (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. (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.

sec.59 Effect of forfeiture order

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. 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. (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. (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.

• (a) is forfeited to the State; and
• (b) vests absolutely in the State.

sec.60 Dealing with forfeited property prohibited

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. 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. 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 . 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. 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. Subsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order. s 60 sub 2017 No. 6 s 15 (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. (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. (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 . (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. (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. (sec.60-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the forfeiture order.

• (a) for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or
• (b) otherwise— (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or (ii) 7 years imprisonment.
• (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or
• (ii) 7 years imprisonment.
• (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or
• (ii) 7 years imprisonment.
• (a) a motor vehicle, boat or outboard motor the subject of a forfeiture order registered under the Personal Property Securities Act 2009 (Cwlth) ; or
• (b) land over which a caveat in relation to the forfeiture order is registered under the Land Title Act 1994 .
• (a) did not know, and could not reasonably be expected to have known, that the property was forfeited under a forfeiture order; and
• (b) acted in good faith; and
• (c) provided sufficient consideration for the dealing.

sec.61 Effect of quashing of conviction on forfeiture order

The 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.

Other orders

sec.62 Relief from hardship for dependants

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. 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. s 62 amd 2013 No. 21 s 30 (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. (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.

• (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
• (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.

sec.63 Forfeiture order may provide for discharge of encumbrance

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. 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. (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. (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.

• (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
• (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;

sec.64 Order for release of property from forfeiture order

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. The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property. 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. (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. (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. (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.

• (a) the interest is still vested in the State; and
• (b) it would not be against the public interest for the interest to be transferred to the person; and
• (c) there is no other reason the interest should not be transferred to the person.