Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 69

69 What is an exclusion order

(1) An
"exclusion order" is an order that—

(a) states the nature, extent and, if necessary for the order, the value, when the order is made, of the applicant’s interest in the property; and

(b) if the application for the forfeiture order has not been decided, excludes the applicant’s property from the application for the forfeiture order; and

(c) if a forfeiture order has been made for the property, and the property is still vested in the State, directs the State to transfer the property to the applicant; and

(d) if a forfeiture order has been made for the property and the property is no longer vested in the State, directs the State to pay to the applicant the value of the applicant’s property.

(2) However, if the applicant is the prescribed respondent and an application has been made for a proceeds assessment order or unexplained wealth order against the prescribed respondent, subsection (1) (b) applies only if the court is satisfied the property is unlikely to be required to satisfy any proceeds assessment order or unexplained wealth order the court may make against the person.