Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZN

93ZN When Supreme Court may exclude applicant’s property

(1) The Supreme Court may exclude the applicant’s property from the restraining order if it is satisfied that the property—

(a) is not under the effective control of the prescribed respondent; and

(b) is not a gift that was given to the applicant by the prescribed respondent within 6 years before the prescribed respondent was charged with the qualifying offence to which the restraining order relates.

(2) In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.

(3) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.