QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.156Exclusion of property from forfeiture order
Start here
Get a plain-English read of sec.156
Turn the raw legal text into a practical explanation grounded in Criminal Proceeds Confiscation Act 2002.
### sec.156 Exclusion of property from forfeiture order
A person, other than a person whose conviction is the basis for the application for the forfeiture order or the forfeiture order, who claims an interest in property forfeited under a forfeiture order may apply to the court that made the forfeiture order for an innocent interest exclusion order.
Unless the court gives leave under section 157 —
the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and
the following persons can not apply under this section for an innocent interest exclusion order—
a person who was given notice of the application for the forfeiture order;
a person who appeared at the hearing of the application for the forfeiture order.
The applicant must give the DPP notice of the making of the application, including an application for leave.
The State must be a party to the application represented by the DPP.
(sec.156-ssec.1) A person, other than a person whose conviction is the basis for the application for the forfeiture order or the forfeiture order, who claims an interest in property forfeited under a forfeiture order may apply to the court that made the forfeiture order for an innocent interest exclusion order.
(sec.156-ssec.2) Unless the court gives leave under section 157 — the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and the following persons can not apply under this section for an innocent interest exclusion order— a person who was given notice of the application for the forfeiture order; a person who appeared at the hearing of the application for the forfeiture order.
(sec.156-ssec.3) The applicant must give the DPP notice of the making of the application, including an application for leave.
(sec.156-ssec.4) The State must be a party to the application represented by the DPP.
- (a) the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and
- (b) the following persons can not apply under this section for an innocent interest exclusion order— (i) a person who was given notice of the application for the forfeiture order; (ii) a person who appeared at the hearing of the application for the forfeiture order.
- (i) a person who was given notice of the application for the forfeiture order;
- (ii) a person who appeared at the hearing of the application for the forfeiture order.
- (i) a person who was given notice of the application for the forfeiture order;
- (ii) a person who appeared at the hearing of the application for the forfeiture order.