Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 38A

38A Investigation orders Supreme Court may make

(1) Also, the court may make any of the following orders under section 37 (each an
"investigation order" )—

(a) an order (
"examination order" ) requiring a person whose property is restrained under the restraining order or a stated person to attend for examination on oath before the court or a court officer about the following—

(i) the affairs of any person whose property is restrained under the restraining order;

(ii) the nature and location of any property of a person whose property is restrained under the restraining order;

(iii) the nature and location of any property restrained under the restraining order that the applicant for the order reasonably suspects is serious crime derived property;

(b) an order (also an
"examination order" ) requiring the spouse of a person whose property is restrained under the restraining order to attend for examination on oath before the court or a court officer about the spouse’s affairs, including the nature and location of property in which the spouse or the person has an interest;

(c) an order (
"property particulars order" ) directing any of the following to give to the commission within a stated time a sworn statement of particulars of, or of dealings with, any property (whether or not the restrained property) as the court considers appropriate—

(i) a person whose property is restrained under the restraining order;

(ii) a person whose property the restrained property was at any time before the restraining order was made;

(iii) if the person mentioned in subparagraph (i) or (ii) is or was a corporation—an executive officer of the corporation;

(d) an order (
"property seizure order" ) requiring or authorising a commission officer or a police officer to seize property restrained under the restraining order.

Note—

See sections 43 and 44 for the general effect of a property seizure order.

(2) An order mentioned in subsection (1) (d) may state the powers the commission officer or police officer may exercise for giving effect to the order.

(3) Subsection (4) applies if an examination order is made without notice of the application for the order being given to a person required to attend for examination.

(4) The examination must not be conducted less than 7 days after the day on which the examination order is made, unless the court considers it appropriate for the examination to be conducted at an earlier time.