QLDIn ForceAct
Drugs Misuse Act 1986
sec.30Interpretation
Start here
Get a plain-English read of sec.30
Turn the raw legal text into a practical explanation grounded in Drugs Misuse Act 1986.
### sec.30 Interpretation
In this part—
court means—
the Supreme Court; or
the District Court; or
in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications—
a Magistrates Court constituted by a magistrate; or
if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.
s 30 def court amd 2013 No. 14 s 44 ; 2016 No. 58 s 10 sch 1
proceeds of an offence means property derived directly or indirectly from the commission of the offence.
For the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if—
that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or
a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.
Where pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown.
s 30 amd 1989 No. 34 s 16 ; 1992 No. 44 s 235 sch 3 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 16
(sec.30-ssec.1) In this part— court means— the Supreme Court; or the District Court; or in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications— a Magistrates Court constituted by a magistrate; or if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate. s 30 def court amd 2013 No. 14 s 44 ; 2016 No. 58 s 10 sch 1 proceeds of an offence means property derived directly or indirectly from the commission of the offence.
(sec.30-ssec.2) For the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if— that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.
(sec.30-ssec.3) Where pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown.
- (a) the Supreme Court; or
- (b) the District Court; or
- (c) in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications— (i) a Magistrates Court constituted by a magistrate; or (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.
- (i) a Magistrates Court constituted by a magistrate; or
- (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.
- (i) a Magistrates Court constituted by a magistrate; or
- (ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.
- (a) that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or
- (b) a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.