Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 261

261 Costs incurred on variation of forfeiture or restraining orders on application by third parties

(1) This section applies if—

(a) the Supreme Court makes an order under this Act varying a forfeiture order or restraining order that is registered under a corresponding law; and

(b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in the other State.

(2) The Supreme Court may, in relation to the costs the third party incurred in applying for and obtaining the variation—

(a) order that the third party’s actual costs be paid to the third party; or

(b) if it is satisfied special circumstances exist, order that part only of the third party’s costs be paid to the third party.

(3) The costs must be paid by a person or authority specified by the Supreme Court.

(4) The Supreme Court may direct how the costs are to be decided.

(5) This section does not limit the powers of the Supreme Court to award costs under any other law.

(6) In this section—

"third party" , in relation to a forfeiture order or restraining order, means a person who is not the subject of the order.

"vary" includes limit the way in which an order applies.