Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 190

190 Property that may be taken into account for assessment

(1) For this division, the following property of a person is presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person because of the commission of the offence or offences—

(a) all property of the person when the application for the pecuniary penalty order is made; and

(b) all property of the person at any time within the shorter of the following periods—

(i) the period between the day the offence, or the earliest offence, was committed and the day the application is made;

(ii) the period of 5 years immediately before the day the application is made.

(2) For subsection (1) , property of a person that vests in the official trustee in bankruptcy because of the person’s bankruptcy is taken to continue to be the property of the person.