Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 177

177 Rehearing

(1) This section applies if a forfeiture order has been made against a person who was charged with a confiscation offence on the ground that the person is treated as having been convicted of the offence because the person has become unamenable to justice for the offence.

(2) The person or the State may apply to the court that made the forfeiture order to have the order set aside.

(3) If the applicant is not the State, the applicant must give notice of the application to the Attorney-General.

(4) The Attorney-General may appear to oppose the grant of the application.

(5) The court may set aside the forfeiture order on the conditions about costs or otherwise the court considers appropriate.

(6) If the court sets aside the order, the court may rehear the application for the forfeiture order immediately or at a later time fixed by the court.