Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 153E

153E Restraining order for property that may become subject to a tainted property substitution declaration

(1) The State may apply under section 117 for a restraining order for available substitute property.

(2) The application under subsection (1) must—

(a) state the details of property that the prescribed respondent used or intended to use in, or in connection with, the commission of the confiscation offence; and

(b) state the details of the property that may be substituted for the property mentioned in paragraph (a) under a tainted property substitution order that—

(i) is property in which the prescribed respondent had an interest at the time the confiscation offence was committed; and

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

(3) For subsection (1) , chapter 3 , part 3 and any other provisions of this Act that relate to the operation of that part apply with necessary changes and changes prescribed by this section.

(4) For subsection (3) —

(a) section 126 does not apply; and

(b) for section 118 (b) (i) , the affidavit of the police officer must state instead—

(i) the police officer suspects that—

(A) stated property of the prescribed respondent is tainted property; and

(B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and

(ii) the reason for the suspicion; and

(c) for section 119 (3) (a) , the affidavit of the police officer must state instead—

(i) the police officer suspects that—

(A) stated property of the other person is tainted property; and

(B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and

(ii) the reason for the suspicion; and

(d) for section 119 (4) (a) , the affidavit of the police officer must state instead—

(i) the police officer suspects that—

(A) stated property of the other person is tainted property; and

(B) other stated property of the prescribed respondent, that is the subject of the application, is available substitute property; and

(ii) the reason for the suspicion; and

(e) for section 130A (1) (a) (iii) , the reference to tainted property is taken to be a reference to available substitute property; and

(f) for section 139 (2) (a) , the court must instead be satisfied that either—

(i) the prescribed respondent’s property is not available substitute property; or

(ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property; and

(g) for section 140 (2) (a) and section 140 (3) (a) , the court must instead be satisfied that either—

(i) the prescribed respondent’s property is not available substitute property; or

(ii) the property for which the available substitute property may be substituted under a tainted property substitution declaration is not tainted property.