Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 198

198 Application of property under effective control for satisfying pecuniary penalty order

(1) The State may apply to a court for an order declaring that particular property is under the effective control of a person against whom the court has made a pecuniary penalty order (the
"controlling person" ).

(2) The State must give written notice of the application to—

(a) the controlling person; and

(b) anyone else the appropriate officer making the application for the State considers may have an interest in the property.

(3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application.

(4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the pecuniary penalty order to the extent to which property of the controlling person is not readily available for the purpose.

(5) The pecuniary penalty order may be enforced against the property, to the extent stated in the declaration, as if the property were the controlling person’s property.

(6) The court may also make a restraining order in relation to the property as if the property were the controlling person’s property.

(7) The absence of a person required to be given notice of the application does not prevent a court from making the order.