Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 30

30 Interpretation

(1) In this part—

"court" means—

(a) the Supreme Court; or

(b) the District Court; or

(c) in relation to an application for the forfeiture of dangerous drugs to any value, or for the forfeiture or restraint of personal property (other than an estate or interest in land) with a value of not more than $25,000 or to both these applications—

(i) a Magistrates Court constituted by a magistrate; or

(ii) if the offender is a child—the Childrens Court constituted by a Childrens Court judge, Childrens Court magistrate or magistrate.

"proceeds" of an offence means property derived directly or indirectly from the commission of the offence.

(2) For the purposes of this part, a person shall be deemed to have been convicted of an offence defined in part 2 if—

(a) that person has been found guilty of the offence by a court, or has pleaded that he or she is guilty of the offence, but is discharged, absolutely or conditionally, without conviction; or

(b) a court, at the request of that person, takes the offence into account in determining the penalty for some other offence.

(3) Where pursuant to this part, real property, or an estate or interest in land other than real property, vests in the Crown it shall, where the Minister so directs, be held upon trust by the public trustee for and on behalf of the Crown.