Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 165

165 Third party protection from automatic forfeiture

(1) A person, other than the prescribed respondent, who claims an interest in the property may apply to the Supreme Court for a third party order or a buy-back order.

(2) Unless the court gives leave under section 166 —

(a) the application must be made within 6 months after the property is forfeited to the State; and

(b) the following can not apply to the court for a third party order or a buy-back order—

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

(ii) a person who appeared at the hearing of the application for the relevant restraining order;

(iii) a person who was given notice of the relevant restraining order.

Editor’s note—

Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order.

(3) The applicant must give the DPP notice of the making of an application under this section, including an application for leave to apply for a third party order or a buy-back order.

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