Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 256

256 Orders for defeating arrangements

(1) If the Supreme Court is satisfied the person carried out a scheme for the purpose of directly or indirectly defeating the operation of this Act in any way, the court may for defeating that purpose—

(a) make an order declaring all or part of the scheme void; or

(b) make an order varying the operation of all or part of the scheme.

(2) The court may make the other orders the court considers appropriate in the circumstances for a consequential or related matter or for giving effect to any order of the court under this section, including, for example, orders about the following—

(a) any disposal of property;

(b) the payment of money;

(c) the sale or other realisation of property and the disposal of the proceeds;

(d) the creation of a charge on property in favour of any person and the enforcement of the charge created;

(e) the rights of a person who acquired an interest in the property after the scheme was carried out and before the declaration was made.

(3) A charge on property created under an order of the court under subsection (2) (d) is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.