sec.78Making of proceeds assessment order

### sec.78 Making of proceeds assessment order The Supreme Court must make a proceeds assessment order against a person if the court finds it is more probable than not that, at any time within the 6 years before the application was made, the person engaged in a serious crime related activity (a finding of serious crime related activity ). However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order. A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed. The court may make the ancillary orders the court considers appropriate when it makes the proceeds assessment order or at a later time. The Supreme Court may not make a proceeds assessment order on an application that relates wholly to external serious crime related activity, unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity. For subsection (5) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit. The court may make a pecuniary penalty order and a proceeds assessment order in relation to the same serious crime related activity. However, the court must take the amount of a pecuniary penalty order into account when making a later proceeds assessment order in relation to the same serious crime related activity. s 78 amd 2009 No. 2 s 29 (sec.78-ssec.1) The Supreme Court must make a proceeds assessment order against a person if the court finds it is more probable than not that, at any time within the 6 years before the application was made, the person engaged in a serious crime related activity (a finding of serious crime related activity ). (sec.78-ssec.2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order. (sec.78-ssec.3) A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed. (sec.78-ssec.4) The court may make the ancillary orders the court considers appropriate when it makes the proceeds assessment order or at a later time. (sec.78-ssec.5) The Supreme Court may not make a proceeds assessment order on an application that relates wholly to external serious crime related activity, unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity. (sec.78-ssec.6) For subsection (5) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit. (sec.78-ssec.7) The court may make a pecuniary penalty order and a proceeds assessment order in relation to the same serious crime related activity. (sec.78-ssec.8) However, the court must take the amount of a pecuniary penalty order into account when making a later proceeds assessment order in relation to the same serious crime related activity. - (a) need not be based on a finding about the commission of a particular offence; and - (b) may be based on a finding that some offence that is a serious crime related activity was committed.