Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 71

71 Exclusion of value of innocent interest from forfeiture order

(1) A person who has an interest in particular property to which a forfeiture order relates may apply to the Supreme Court for an innocent interest exclusion order.

(2) Unless the court gives leave under section 72 —

(a) the application must be made within 6 months after the forfeiture order was made; and

(b) the following persons can not apply for an innocent interest exclusion order—

(i) a person who was given notice of the application for the forfeiture order;

(ii) a person who appeared at the hearing of the application for the forfeiture order.

(3) For each application made under this section, including an application for leave, 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.

(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 intends to oppose the application, the State must give the applicant—

(a) notice of intention to oppose the application; and

(b) the grounds for opposing the application.