Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 48

48 When Supreme Court may exclude prescribed respondent’s property

(1) The Supreme Court may exclude the prescribed respondent’s property from the order if—

(a) it is satisfied it is more probable than not that the property to which the application relates is not illegally acquired property; and

(b) the property is unlikely to be required to satisfy a proceeds assessment order or unexplained wealth order.

(2) Also, the Supreme Court may exclude the prescribed respondent’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 prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.