QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.48When Supreme Court may exclude prescribed respondent’s property
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### sec.48 When Supreme Court may exclude prescribed respondent’s property
The Supreme Court may exclude the prescribed respondent’s property from the order if—
it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and
the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.
Also, the Supreme Court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.
The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.
s 48 amd 2003 No. 55 s 46A ; 2013 No. 21 s 26
(sec.48-ssec.1) The Supreme Court may exclude the prescribed respondent’s property from the order if— it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.
(sec.48-ssec.2) Also, the Supreme Court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.
(sec.48-ssec.3) The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.
- (a) it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and
- (b) the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.