QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.80Proceeds assessment order increase if forfeiture order discharged
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### sec.80 Proceeds assessment order increase if forfeiture order discharged
This section applies if—
the Supreme Court makes a proceeds assessment order; and
in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and
after the proceeds assessment order is made—
the forfeiture ends because of an appeal; or
an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
The State may apply to the Supreme Court for a variation of the proceeds assessment order to increase the amount payable under the order.
If the Supreme Court considers an increase appropriate, it may vary the amount payable under the proceeds assessment order.
s 80 amd 2009 No. 2 s 30 ; 2013 No. 21 s 34
(sec.80-ssec.1) This section applies if— the Supreme Court makes a proceeds assessment order; and in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and after the proceeds assessment order is made— the forfeiture ends because of an appeal; or an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
(sec.80-ssec.2) The State may apply to the Supreme Court for a variation of the proceeds assessment order to increase the amount payable under the order.
(sec.80-ssec.3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the proceeds assessment order.
- (a) the Supreme Court makes a proceeds assessment order; and
- (b) in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and
- (c) after the proceeds assessment order is made— (i) the forfeiture ends because of an appeal; or (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
- (i) the forfeiture ends because of an appeal; or
- (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
- (i) the forfeiture ends because of an appeal; or
- (ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.