Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 122

122 Making restraining order

(1) The Supreme Court may make a restraining order if, after considering the application and the relevant affidavit, it is satisfied that—

(a) the application relates to a prescribed respondent; and

(b) there are reasonable grounds for the suspicions on which the application is based.

(2) However, if the confiscation offence is a serious criminal offence, the court must make a restraining order unless the court is satisfied in the particular circumstances it is not in the public interest to make the order.

(3) The court may make a restraining order in relation to a prescribed respondent who is about to be charged with a confiscation offence only if the court is satisfied the prescribed respondent will be charged with the confiscation offence or a related offence within the next 48 hours.

(4) The court may refuse to make the restraining order if the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order.

(5) The DPP may give the court the undertakings the court requires.

(6) Also, the making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to—

(a) a proceeding under this Act; or

(b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence.