Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 33

33 Liability of property (other than a dangerous drug) to forfeiture

(1) Property (other than a dangerous drug) is liable to forfeiture under this part if the property is—

(a) acquired for the purpose of committing an offence defined in part 2 ; or

(b) used in connection with the commission of such an offence; or

(c) furnished or intended to be furnished for the purpose of committing such an offence; or

(d) the proceeds of such an offence; or

(e) acquired with the proceeds of such an offence; or

(f) property into which the proceeds of such an offence have, in some other manner, been converted.

(2) Where—

(a) there has been an accretion to a person’s property in consequence of the commission of an offence defined in part 2 (either by that person or some other person); and

(b) identification of specific property as being liable to forfeiture under subsection (1) is not possible (either because the property has been dissipated or for any other reason);

the whole of the person’s property is liable to forfeiture under this part but, on an application for forfeiture, only so much of the property as is necessary to realise a sum equal to the value of the accretion shall be forfeited.

(3) Where a person charged with the commission of an offence defined in part 2 was in possession of property at or immediately after the commission of the offence the court hearing an application made under section 34 (1) shall presume that the property is liable to forfeiture unless that person proves to the contrary.