Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 106

106 Meaning of convicted of offence

(1) A person must be treated as if
"convicted" of an offence if—

(a) the person is found guilty of the offence, whether or not a conviction is recorded; or

(b) the offence is taken into account by a court in sentencing the person for another offence; or

(c) the person becomes unamenable to justice for the offence; or

(d) the person is acquitted of the offence because of unsoundness of mind.

(2) However, if a person is treated as if convicted of a confiscation offence because—

(a) the person is unamenable to justice for the offence; or

(b) the person is acquitted of the offence because of unsoundness of mind;

a court may rely on the person being so treated to make a forfeiture order, pecuniary penalty order or special forfeiture order only if it is satisfied that, apart from paragraph (a) or (b) , the evidence is of sufficient weight to support a conviction of the person for the offence.