QLDIn ForceAct
Public Officers Superannuation Benefits Recovery Act 1988
sec.12Application for order
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### sec.12 Application for order
At any time after the Minister has determined to make an application under section 7 (1) or where an application has been made under that section or a judgment debt has been created pursuant to such an application in respect of a convicted person, application may be made by the Minister to a judge of the Supreme Court for a restraining order against—
specified property of the convicted person; or
all the property of the convicted person including property acquired by the person after the making of the order; or
all the property of the convicted person, including property acquired by the person after the making of the order, other than specified property; or
specified property of a person other than the convicted person.
An application may be made under subsection (1) for a restraining order against property in which the convicted person and another or others have any estate, right or interest, jointly or in undivided shares.
Notification of the making of an application under subsection (1) and of the day on which the application is to be heard shall be given to each person having an estate or interest in property that would be affected by the restraining order and each such person may appear and be heard and adduce evidence upon the application.
(sec.12-ssec.1) At any time after the Minister has determined to make an application under section 7 (1) or where an application has been made under that section or a judgment debt has been created pursuant to such an application in respect of a convicted person, application may be made by the Minister to a judge of the Supreme Court for a restraining order against— specified property of the convicted person; or all the property of the convicted person including property acquired by the person after the making of the order; or all the property of the convicted person, including property acquired by the person after the making of the order, other than specified property; or specified property of a person other than the convicted person.
(sec.12-ssec.2) An application may be made under subsection (1) for a restraining order against property in which the convicted person and another or others have any estate, right or interest, jointly or in undivided shares.
(sec.12-ssec.3) Notification of the making of an application under subsection (1) and of the day on which the application is to be heard shall be given to each person having an estate or interest in property that would be affected by the restraining order and each such person may appear and be heard and adduce evidence upon the application.
- (a) specified property of the convicted person; or
- (b) all the property of the convicted person including property acquired by the person after the making of the order; or
- (c) all the property of the convicted person, including property acquired by the person after the making of the order, other than specified property; or
- (d) specified property of a person other than the convicted person.