Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 167

167 When Supreme Court may make third party order

(1) The Supreme Court, on an application under section 165 , may make a third party order.

(2) The Supreme Court may make a third party order if it is satisfied—

(a) the applicant, 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 the relevant serious criminal 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 serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and

(d) the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited.

(3) Also, the Supreme Court may make a third party order if it is satisfied—

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

(b) the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and

(c) the applicant’s interest in the property was lawfully acquired.