QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.93ZZJEffect of death of joint owner of restrained property
Start here
Get a plain-English read of sec.93ZZJ
Turn the raw legal text into a practical explanation grounded in Criminal Proceeds Confiscation Act 2002.
### sec.93ZZJ 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 serious drug offender confiscation 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 serious drug offender confiscation order being made in relation to the property, subsection (2) is taken not to have applied to the property.
s 93ZZJ ins 2013 No. 21 s 42
(sec.93ZZJ-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.93ZZJ-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.93ZZJ-ssec.3) Also, the restraining order continues to apply to the interest as if the person had not died.
(sec.93ZZJ-ssec.4) A serious drug offender confiscation order applying to the interest applies as if the order took effect immediately before the person died.
(sec.93ZZJ-ssec.5) If a restraining order stops applying to property without a serious drug offender confiscation order being made in relation to the property, subsection (2) is taken not to have applied to the property.