Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 174

174 Notice after conviction quashed or forfeiture order discharged

(1) This section applies if a relevant event happens.

(2) As soon as practicable after a relevant event happens, the DPP must give notice of the happening of the relevant event to each person the DPP considers may have had an interest in the property to which it relates immediately before it was vested in the State.

(3) If required by a court, the DPP must also give notice of the happening of the relevant event to the persons the court considers appropriate, in the way and within the time the court considers appropriate.

(4) If the property is still vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may, by written notice given to the Attorney-General, ask for the return of the property.

(5) If the property is no longer vested in the State, the notice must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may apply for an order declaring the value of the property—

(a) if the property was forfeited under a forfeiture order—to the court that made the forfeiture order; or

(b) if the property was automatically forfeited—to the Supreme Court.

(6) In this section—

"relevant event" means—

(a) for property forfeited to the State under a forfeiture order—

(i) the discharge of the forfeiture order on appeal under section 263 ; or

(ii) the quashing of the conviction on which the forfeiture order was based; or

(b) for automatically forfeited property—the quashing of the conviction because of which the property was automatically forfeited.