QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.93FMeaning of qualifying offence and pre-qualifying offence
Start here
Get a plain-English read of sec.93F
Turn the raw legal text into a practical explanation grounded in Criminal Proceeds Confiscation Act 2002.
### sec.93F Meaning of qualifying offence and pre-qualifying offence
A category A offence is a qualifying offence .
Also, a category B offence or category C offence is a qualifying offence if—
the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )—
2 category B offences;
2 category C offences;
1 category B offence and 1 category C offence; and
a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.
For subsection (2) , if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence.
Subsection (5) applies if—
an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and
the serious drug offender confiscation order has not been discharged under part 4 , division 5 .
Despite subsections (1) and (2) , the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order.
s 93F ins 2013 No. 21 s 42
(sec.93F-ssec.1) A category A offence is a qualifying offence .
(sec.93F-ssec.2) Also, a category B offence or category C offence is a qualifying offence if— the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )— 2 category B offences; 2 category C offences; 1 category B offence and 1 category C offence; and a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.
(sec.93F-ssec.3) For subsection (2) , if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence.
(sec.93F-ssec.4) Subsection (5) applies if— an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and the serious drug offender confiscation order has not been discharged under part 4 , division 5 .
(sec.93F-ssec.5) Despite subsections (1) and (2) , the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order.
- (a) the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )— (i) 2 category B offences; (ii) 2 category C offences; (iii) 1 category B offence and 1 category C offence; and
- (i) 2 category B offences;
- (ii) 2 category C offences;
- (iii) 1 category B offence and 1 category C offence; and
- (b) a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.
- (i) 2 category B offences;
- (ii) 2 category C offences;
- (iii) 1 category B offence and 1 category C offence; and
- (a) an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and
- (b) the serious drug offender confiscation order has not been discharged under part 4 , division 5 .