Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 153D

153D Court may make tainted property substitution declaration

(1) Subject to subsection (2) , a court may make a tainted property substitution declaration if the court is satisfied—

(a) that the convicted person used, or intended to use, particular property in, or in connection with, the commission of the confiscation offence; and

(b) that the property mentioned in paragraph (a) is unavailable property; and

(c) that the property that is to be substituted for the property mentioned in paragraph (a) —

(i) is property in which the convicted person had an interest at the time that the confiscation offence was committed; and

(ii) is of the same nature or description as the property mentioned in paragraph (a) .

(2) The court may make a tainted property substitution declaration whether or not the value of the unavailable property is equal to the value of the property that is to be substituted for the unavailable property.

(3) If the court makes a tainted property substitution declaration for property, the property—

(a) is substituted for the unavailable property; and

(b) is taken to be tainted property for this chapter.