Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 158

158 Making of innocent interest exclusion order

(1) The Supreme Court, on an application under section 155 or 156 , may make an innocent interest exclusion order.

(2) The court must, and may only, make an innocent interest exclusion order if it is satisfied—

(a) the applicant has or, apart from the forfeiture, would have, an interest in the property; and

(b) the applicant was not, in any way, involved in the commission of a relevant confiscation offence; and

(c) the applicant acquired the interest—

(i) in good faith and for sufficient consideration; and

(ii) if the applicant acquired the interest at the time of or after the commission of the relevant confiscation offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property or could become tainted property under a tainted property substitution declaration.