QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.240Order about property seized in another State for which court refuses to make forfeiture order
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### sec.240 Order about property seized in another State for which court refuses to make forfeiture order
This section applies if—
property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and
an application has been made to a court for a forfeiture order in relation to the property; and
the court refuses to make the forfeiture order.
The court must make an order directing that the property be returned to the person from whose possession it was seized.
In this section—
property seized under a search warrant does not include—
property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or
property derived by anyone from the commission of an interstate confiscation offence.
(sec.240-ssec.1) This section applies if— property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and an application has been made to a court for a forfeiture order in relation to the property; and the court refuses to make the forfeiture order.
(sec.240-ssec.2) The court must make an order directing that the property be returned to the person from whose possession it was seized.
(sec.240-ssec.3) In this section— property seized under a search warrant does not include— property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or property derived by anyone from the commission of an interstate confiscation offence.
- (a) property has been seized in another State under a search warrant issued under a corresponding law in reliance on the commission of a confiscation offence; and
- (b) an application has been made to a court for a forfeiture order in relation to the property; and
- (c) the court refuses to make the forfeiture order.
- (a) property used or intended to be used in, or in connection with, the commission of an interstate confiscation offence; or
- (b) property derived by anyone from the commission of an interstate confiscation offence.