Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 37

37 Supreme Court may make other orders

(1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 38 and 38A .

(2) However, section 38 (1) (f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because—

(a) the person is a party to a proceeding under this Act; or

(b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.

(3) The court may make an order under this section—

(a) when making the restraining order or, on application, at a later time; and

(b) whether or not it affects a person whose property is restrained under the restraining order.

(4) Any of the following may apply for an order, other than an investigation order, under this section—

(a) the State;

(b) a person whose property is restrained under the restraining order;

(c) if the restraining order directs the public trustee to take control of restrained property under the restraining order—the public trustee.

(5) Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave.

(6) An applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.

(7) An applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section.

(8) The State may apply for an investigation order.

(9) The State must give notice of an application under subsection (8) —

(a) to the person to whom the order is to be directed if the order is to be made under section 38A (1) (a) , (b) , or (c); or

(b) to the person whose property is to be seized if the order is made under section 38A (1) (d) .

(10) Subsections (6) , (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.

(11) Also, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 37A (2) .