Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 151

151 Making forfeiture order

(1) The court may make a forfeiture order in relation to particular property if—

(a) a person is convicted of a confiscation offence; and

(b) the conviction is the basis for the application for the forfeiture order against the property; and

(c) the court is satisfied the property, or an interest in the property, is tainted property; and

(d) the court, having regard to subsection (2) , considers it appropriate to make the order.

(2) For subsection (1) (d) , the court may have regard to—

(a) any hardship that may reasonably be expected to be caused to anyone by the order; and

(b) the use that is ordinarily made, or was intended to be made, of the property; and

(c) the seriousness of the offence concerned; and

(d) anything else the court considers appropriate.

(3) The court must presume that particular property is tainted property if—

(a) at the hearing of the application, evidence is presented that the property was in the person’s possession at the time of, or immediately after, the commission of the offence concerned; and

(b) no evidence is presented tending to show that the property is not tainted property.