Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93H

93H Application for restraining order

(1) The State may apply to the Supreme Court for an order (
"restraining order" ) restraining any person from dealing with property stated in the order (the
"restrained property" ) other than in a stated way or in stated circumstances.

(2) If the application is made in urgent circumstances or the prescribed respondent is about to be charged with a qualifying offence, the application may be made without notice to the prescribed respondent or anyone else to whom it relates.

(3) The application must be supported by an affidavit of an authorised commission officer or a police officer.

(4) The application may relate to all or any of the following property—

(a) for property of a prescribed respondent—

(i) stated property; or

(ii) a stated class of property; or

(iii) all property; or

(iv) all property other than stated property; or

(v) all or stated property acquired after the restraining order is made;

(b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent.

(5) The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.

Example—

The court may require additional information supporting the application to be given by affidavit or statutory declaration.