Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 152

152 Forfeiture order may provide for discharge of encumbrance

(1) If—

(a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and

(b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;

the court may make the orders about the encumbrance the court considers appropriate.

(2) The DPP may give the undertaking for the State.