QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.152Forfeiture order may provide for discharge of encumbrance
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### sec.152 Forfeiture order may provide for discharge of encumbrance
If—
the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and
the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;
the court may make the orders about the encumbrance the court considers appropriate.
The DPP may give the undertaking for the State.
(sec.152-ssec.1) If— the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance; the court may make the orders about the encumbrance the court considers appropriate.
(sec.152-ssec.2) The DPP may give the undertaking for the State.
- (a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and
- (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;