Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 28

28 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) The application—

(a) must be supported by an affidavit of an authorised commission officer or a police officer; and

(b) may be made without notice to any person to whom it relates.

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

(a) for property of a person suspected of having engaged in 1 or more serious crime related activities (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;

(c) stated property suspected of being serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.

(4) An application for a restraining order that relates to property of a person suspected of having engaged in 1 or more external serious crime related activities may be made only if the person whose property it is lives in Queensland or the property is situated in Queensland.

(5) The court may refuse to consider the application until the State 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.