Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 146

146 Application for forfeiture order

(1) This section applies if a person is convicted of a confiscation offence.

(2) The State may apply to the Supreme Court or the court before which the person is convicted for an order (
"forfeiture order" ) forfeiting particular property to the State.

(3) The application may include particulars of any encumbrance over the restrained property that an appropriate officer considers an encumbrancee took in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business.

(4) Unless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .

(5) If the application has been finally decided on the merits, the State may apply to a court under subsection (2) for a further forfeiture order against property relying on a person’s conviction of the confiscation offence to which the previous application relates only with the Supreme Court’s leave.

(6) The Supreme Court may give leave under subsection (5) only if it is satisfied—

(a) the property to which the new application relates was identified only after the first application was finally decided; or

(b) necessary evidence became available only after the first application was finally decided; or

(c) it is otherwise in the interests of justice to give the leave.