Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 47

47 Supreme Court may exclude prescribed respondent’s property from restraining order

(1) The prescribed respondent under the restraining order may apply to the Supreme Court to amend the order to exclude particular property of the prescribed respondent from the order.

(2) The application must be made before the State applies for a forfeiture order to be made.

Note—

After the State applies for a forfeiture order, an application by a prescribed respondent may be made under section 65 or 66 .

(3) The prescribed respondent must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.

(3A) The grounds for the application and the facts relied on must be stated fully in the notice.

(4) The State must be a party to the application.

(5) Anyone else who is given notice of the application may appear at the hearing of the application.

(6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.

(7) The State must give the applicant notice of the grounds for opposing the application.

(8) However—

(a) the State is not required to give the notice; and

(b) the application may not be heard;

until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.

(9) In this section—

"relevant person" means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application.