QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.64Order for release of property from forfeiture order
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### sec.64 Order for release of property from forfeiture order
The Supreme Court may order ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.
The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.
The court may make the order only if it is satisfied—
the interest is still vested in the State; and
it would not be against the public interest for the interest to be transferred to the person; and
there is no other reason the interest should not be transferred to the person.
(sec.64-ssec.1) The Supreme Court may order ( release order ) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.
(sec.64-ssec.2) The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.
(sec.64-ssec.3) The court may make the order only if it is satisfied— the interest is still vested in the State; and it would not be against the public interest for the interest to be transferred to the person; and there is no other reason the interest should not be transferred to the person.
- (a) the interest is still vested in the State; and
- (b) it would not be against the public interest for the interest to be transferred to the person; and
- (c) there is no other reason the interest should not be transferred to the person.