QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.90Serious crime related activity can form basis of a number of orders
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### sec.90 Serious crime related activity can form basis of a number of orders
The fact that a restraining order or a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of another restraining order or forfeiture order on the basis of that activity.
Also, the fact that a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of a proceeds assessment order or an unexplained wealth order on the basis of that activity.
In addition, the fact that a proceeds assessment order or an unexplained wealth order has been made on the basis of a person’s serious crime related activity does not prevent the making of a forfeiture order on the basis of that activity.
However, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person.
If the State has unsuccessfully applied—
for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or
for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.
s 90 amd 2013 No. 21 s 41
(sec.90-ssec.1) The fact that a restraining order or a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of another restraining order or forfeiture order on the basis of that activity.
(sec.90-ssec.2) Also, the fact that a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of a proceeds assessment order or an unexplained wealth order on the basis of that activity.
(sec.90-ssec.3) In addition, the fact that a proceeds assessment order or an unexplained wealth order has been made on the basis of a person’s serious crime related activity does not prevent the making of a forfeiture order on the basis of that activity.
(sec.90-ssec.4) However, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person.
(sec.90-ssec.5) If the State has unsuccessfully applied— for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.
- (a) for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or
- (b) for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.