Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZZ

93ZZ Application for serious drug offender confiscation order

(1) This section applies if—

(a) a person (the
"prescribed respondent" ) is convicted of a qualifying offence; and

(b) a serious drug offence certificate for the qualifying offence has been issued and has not been cancelled.

(2) The State may apply to the Supreme Court for a serious drug offender confiscation order against the prescribed respondent.

(3) The application must be made within 6 months after the issue of the serious drug offence certificate for the qualifying offence.

(4) The application must not be set down for hearing less than 28 days after the filing of the application.

(5) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give reasonable notice of the application to—

(a) the prescribed respondent; and

(b) anyone else who the commission or the commissioner of the police service reasonably suspects has an interest in the property that is likely to become the subject of the order sought.

(6) A person given notice under subsection (5) may appear at the hearing of the application.

(7) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making a serious drug offender confiscation order.

(8) The application must include particulars of any encumbrance over property that an appropriate officer considers is likely to become the subject of the order.

(9) The application must state that a response to the application may be filed under section 93ZZA .