Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 213

213 Forfeited property not to be disposed of during appeal period

(1) Within the appeal period, the State must not, without the leave of the court that made the order forfeiting property or, for property that is automatically forfeited, the relevant restraining order—

(a) dispose of property forfeited to the State under this Act; or

(b) authorise anyone else to dispose of the property.

Note—

Under the Police Powers and Responsibilities Act 2000 , section 720 , forfeited property in the possession of the Police Service may not be dealt with until all proceedings for the offence or suspected offence for which the property was forfeited have been finally decided.

(2) When the appeal period ends, the State may dispose of the property unless—

(a) if the property was forfeited under a forfeiture order or serious drug offender confiscation order—the relevant order has been discharged; or

(b) if the property was automatically forfeited because of the conviction of a person of a serious criminal offence—the conviction of the person of the offence has been quashed.

(3) In this section—

"appeal period" means—

(a) if the property was forfeited because of the conviction of a person of a confiscation offence—the period ending when all proceedings relating to the conviction are finally decided; or

(b) if the property was forfeited under a serious drug offender confiscation order made against a person—the period ending when all proceedings relating to the person’s conviction of the qualifying offence and any pre-qualifying offence on which the order is based are finally decided; or

(c) for an appeal that may be started under section 263 —the period for starting the appeal or, if an appeal is started, the period ending when the appeal is finally decided.