Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 266

266 Other evidentiary matters

(1) For this Act, each of the following certificates is evidence of what it states—

(a) a certificate apparently signed by the chairperson and stating a stated person was or was not an authorised commission officer or a commission officer at a stated time;

(b) a certificate apparently signed by the public trustee and stating—

(i) the public trustee is in control of stated property under a direction in a restraining order or another order made under chapter 2 , chapter 2A or chapter 3 that is in force; and

(ii) the terms of the relevant order;

(c) a certificate (
"forfeiture certificate" ) apparently signed by any of the following about a forfeiture order made under chapter 2 or chapter 3 , or a serious drug offender confiscation order, or the automatic forfeiture of property and identifying the property to which the forfeiture order, serious drug offender confiscation order or forfeiture relates—

(i) the registrar or a deputy registrar of the Supreme Court;

(ii) a registrar or a deputy registrar of the District Court;

(iii) a registrar or a deputy registrar of the Childrens Court constituted by a judge;

(iv) the clerk of the court at the place where a Magistrates Court, or the Childrens Court constituted by a magistrate, makes the order;

(d) a serious drug offence certificate.

(2) Also, in a proceeding on an application for an order under this Act—

(a) a certificate under the Drugs Misuse Act 1986 , section 128 is evidence of the matters of which it is evidence in a proceeding under that Act, without proof of the signature, employment or appointment of the person who apparently signed the certificate; and

(b) a certificate under the Criminal Code , section 635 of a conviction of an offence is evidence of the commission of the offence by the person to whom it relates; and

(c) the court may, in deciding an application, have regard to the transcript of any proceeding against a person for an offence to which the application relates and to the evidence given in that proceeding; and

(d) the transcript of an examination under an examination order is evidence of the answers given by a person to a question put to the person in the examination.