Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 34

34 Condition about particular payments out of restrained property

(1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order—

(a) the person’s reasonable living expenses and reasonable business expenses;

(b) the reasonable living expenses of any of the person’s dependants;

(c) a stated debt incurred in good faith by the person.

(2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .

(3) Also, subsection (1) applies only if the Supreme Court is satisfied—

(a) the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt; and

(b) the property from which the expenses or debt are to be paid is not illegally acquired property.

(4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are payable because—

(a) the person is a party to a proceeding under this Act; or

(b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against conviction or sentence.