Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 34

34 Forfeiture orders

(1) Where a court is satisfied, upon application made to it—

(a) that property is liable to forfeiture in consequence of the commission of an offence defined in part 2 ; and

(b) that a person—

(i) has been convicted of such an offence; or

(ii) is dead, can not be found or is for any other reason not amenable to justice;

the court may order that the property be forfeited to the Crown and shall specify in any such order, other than an order in respect of money, the amount that it considers is the value of the property.

(2) Where property that is liable to forfeiture under section 33 is received or acquired by a person who was not a party to the commission of the offence by virtue of which the property is liable to forfeiture, an order for forfeiture of the property may be made unless that person proves—

(a) that the person gave valuable consideration for the property; and

(b) that at the time of receiving or acquiring the property the person neither knew nor had reason to suspect the circumstances by virtue of which the property is liable to forfeiture.

(3) In considering whether it is appropriate to make a forfeiture order under subsection (1) or (2) the court may have regard to—

(a) any extreme hardship that may be likely to be caused to any person by the operation of such an order; and

(b) the use that is ordinarily made of the property.

(4) A court that makes a forfeiture order in respect of property may also, if it is satisfied—

(a) that it would not be contrary to the public interest for the property to be returned to the person in whom the property was vested immediately before the making of the forfeiture order; and

(b) that there is no other reason why the property should not be returned to that person;

by order declare that the forfeiture order may be discharged as provided by section 39 (1) .

(5) Subject to subsection (6) , any question of fact to be decided by a court on an application for forfeiture shall be decided on the balance of probabilities.

(6) Where, on an application for forfeiture, a person is alleged to have committed an offence defined in part 2 of which the person has not been convicted, a court shall be satisfied, in relation to that allegation, that the evidence adduced before it—

(a) if the offence is a crime defined in that part—is sufficient to put the person upon trial for that crime; or

(b) if the offence is an offence defined in section 10 (2) —is sufficient for a court to hold that the person has a case to answer.