QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.92Effect of death of joint owner of restrained property
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### sec.92 Effect of death of joint owner of restrained property
This section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.
The death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.
Also, the restraining order continues to apply to the interest as if the person had not died.
A forfeiture order applying to the interest applies as if the order took effect immediately before the person died.
If a restraining order stops applying to property without a forfeiture order being made in relation to the property, subsection (2) is taken not to have applied to the property.
(sec.92-ssec.1) This section applies only if a person who is a joint owner of restrained property under a restraining order dies while the restraining order is in force.
(sec.92-ssec.2) The death of the person does not, while the order is in force, operate to vest the deceased’s interest in the surviving joint owner or owners.
(sec.92-ssec.3) Also, the restraining order continues to apply to the interest as if the person had not died.
(sec.92-ssec.4) A forfeiture order applying to the interest applies as if the order took effect immediately before the person died.
(sec.92-ssec.5) If a restraining order stops applying to property without a forfeiture order being made in relation to the property, subsection (2) is taken not to have applied to the property.