QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.130AInvestigation orders Supreme Court may make
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### sec.130A Investigation orders Supreme Court may make
Also, the court may make any of the following orders under section 130 (each an investigation order )—
an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following—
the affairs of any person whose property is restrained under the restraining order;
the nature and location of any property of a person whose property is restrained under the restraining order;
the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;
an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;
an order ( property particulars order ) directing any of the following to give to the DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate—
a person whose property is restrained under the restraining order;
a person whose property the restrained property was at any time before the restraining order was made;
if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.
Subsection (3) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.
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 130A prev s 130A ins 2003 No. 55 s 48
om 2009 No. 2 s 39
pres s 130A ins 2009 No. 2 s 38
(sec.130A-ssec.1) Also, the court may make any of the following orders under section 130 (each an investigation order )— an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— the affairs of any person whose property is restrained under the restraining order; the nature and location of any property of a person whose property is restrained under the restraining order; the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property; an order (also an examination order ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest; an order ( property particulars order ) directing any of the following to give to the DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— a person whose property is restrained under the restraining order; a person whose property the restrained property was at any time before the restraining order was made; if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.
(sec.130A-ssec.2) Subsection (3) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.
(sec.130A-ssec.3) The examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.
- (a) an order ( examination order ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following— (i) the affairs of any person whose property is restrained under the restraining order; (ii) the nature and location of any property of a person whose property is restrained under the restraining order; (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;
- (i) the affairs of any person whose property is restrained under the restraining order;
- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;
- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;
- (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 DPP within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate— (i) a person whose property is restrained under the restraining order; (ii) a person whose property the restrained property was at any time before the restraining order was made; (iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation.
- (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) the affairs of any person whose property is restrained under the restraining order;
- (ii) the nature and location of any property of a person whose property is restrained under the restraining order;
- (iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is tainted property;
- (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.