QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.93ZNWhen Supreme Court may exclude applicant’s property
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### sec.93ZN When Supreme Court may exclude applicant’s property
The Supreme Court may exclude the applicant’s property from the restraining order if it is satisfied that the property—
is not under the effective control of the prescribed respondent; and
is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.
In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.
The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.
s 93ZN ins 2013 No. 21 s 42
(sec.93ZN-ssec.1) The Supreme Court may exclude the applicant’s property from the restraining order if it is satisfied that the property— is not under the effective control of the prescribed respondent; and is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.
(sec.93ZN-ssec.2) In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.
(sec.93ZN-ssec.3) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.
- (a) is not under the effective control of the prescribed respondent; and
- (b) is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.