QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.256AConsent orders
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### sec.256A Consent orders
Subject to subsection (2) , the court may make an order in a proceeding under chapter 2 , chapter 2A or chapter 3 with the consent of—
the applicant in the proceeding; and
the respondent in the proceeding; and
everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.
The court may make an order under subsection (1) if—
a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or
the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.
The order may be made without consideration of the matters the court would otherwise consider in the proceeding.
This section does not apply to an order made on sentence for a criminal offence.
s 256A ins 2009 No. 2 s 58
amd 2013 No. 21 s 54
(sec.256A-ssec.1) Subject to subsection (2) , the court may make an order in a proceeding under chapter 2 , chapter 2A or chapter 3 with the consent of— the applicant in the proceeding; and the respondent in the proceeding; and everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.
(sec.256A-ssec.2) The court may make an order under subsection (1) if— a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.
(sec.256A-ssec.3) The order may be made without consideration of the matters the court would otherwise consider in the proceeding.
(sec.256A-ssec.4) This section does not apply to an order made on sentence for a criminal offence.
- (a) the applicant in the proceeding; and
- (b) the respondent in the proceeding; and
- (c) everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.
- (a) a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or
- (b) the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.