Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 176

176 If application for order declaring value of property

(1) This section applies if a person is given a notice under section 174 relating to property that is no longer vested in the State.

(2) The person may apply for an order declaring the value of forfeited 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.

(3) The court must make an order declaring the value, at the time of the declaration, of the property.

(4) The court may make the other orders the court considers appropriate.

(5) After the court makes the order, the applicant for the order may, by written application to the Attorney-General, ask for payment of the amount declared by the order to be the value of the property.

(6) The Attorney-General must arrange for payment to the applicant, or someone else nominated by the applicant, of the amount declared by the order less the total amount paid by the State for the relevant property because of an innocent interest exclusion order or a third party order.