Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 49

49 Supreme Court may exclude other property from restraining order

(1) If the Supreme Court makes a restraining order, a person other than the prescribed respondent (the
"applicant" ) whose property is restrained under the order may apply to the court to amend the order to exclude the applicant’s property from the order.

(2) The applicant 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.

(2A) The grounds for the application and the facts relied on must be stated fully in the notice.

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

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

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

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

(7) 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.

(8) 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.