Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 219

219 Public trustee may apply for order for satisfying liability because of confiscation order or automatic forfeiture

(1) The public trustee may apply to a relevant court for an order directing the public trustee to pay to the consolidated fund out of property under the control of the public trustee—

(a) the amount the Attorney-General decides is the value, as at the time of the decision, of—

(i) the property forfeited under a forfeiture order or a serious drug offender confiscation order; or

(ii) the automatically forfeited property; or

(b) the amount ordered to be paid under a proceeds assessment order, an unexplained wealth order or a pecuniary penalty order.

(2) The relevant court may order the public trustee to pay a stated amount to the consolidated fund from the proceeds realised by the public trustee from the property or the disposal of the property.

(3) The relevant court may make any other order the court considers necessary to enable the public trustee to comply with the order, including, but not limited to the following—

(a) an order directing the public trustee to dispose of stated property under the control of the public trustee;

(b) an order authorising a stated person to sign any document or to do anything else necessary to enable the public trustee to dispose of property under the control of the public trustee;

(c) an order specifying the person to whom the public trustee should pay any amount remaining after making the payments authorised under section 220 (1) (a) , (b) and (c) .

(4) The relevant court may make an order under subsection (3) when it makes an order under subsection (2) or, on the application of the public trustee, at a later time.