Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 156

156 Exclusion of property from forfeiture order

(1) A person, other than a person whose conviction is the basis for the application for the forfeiture order or the forfeiture order, who claims an interest in property forfeited under a forfeiture order may apply to the court that made the forfeiture order for an innocent interest exclusion order.

(2) Unless the court gives leave under section 157 —

(a) the application must be made before the end of the 6 months starting on the day the forfeiture order was made; and

(b) the following persons can not apply under this section for an innocent interest exclusion order—

(i) a person who was given notice of the application for the forfeiture order;

(ii) a person who appeared at the hearing of the application for the forfeiture order.

(3) The applicant must give the DPP notice of the making of the application, including an application for leave.

(4) The State must be a party to the application represented by the DPP.