Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 89A

89A Application for hardship order

(1) A dependant of the person against whom a proceeds assessment order is made may apply to the Supreme Court for a hardship order.

(2) Unless the court gives leave under section 89B , the application must be made within 3 months after—

(a) for property the subject of an order under section 87 (4) —the day the order is made; or

(b) for property the subject of a charge under section 88 —the day the proceeds assessment order is made.

(3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of—

(a) the making of the application; and

(b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 87 (4) or a charge under section 88 that the application relates to; and

(c) the facts relied on.

(4) The grounds for the application and the facts relied on must be stated fully in the notice.

(5) The notice must be given at least 28 days before the day set for hearing the application.

(6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.

(7) The State must be a party to the application.

(8) Anyone else who is given notice of the application may appear at the hearing of the application.

(9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.

(10) The State must give the applicant notice of the grounds for opposing the application.