Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992 - SECT 194

Restoration of property

194 Restoration of property

(1) If an offender is convicted on indictment on a charge of which the unlawful obtaining of property by the offender is an element, then, on the complaint of—
(a) the owner of property; or
(b) a person who is legally entitled to possession of the property;
the court may order the property to be restored to the owner or person.
(2) The order—
(a) may be enforced as a judgment; and
(b) is binding on the offender, and any person claiming through the offender, as determining the ownership of the property;
but, as regards any other person, has the effect only of changing the possession of the property, and does not affect any right of property or right of action.
(3) In a case to which subsection (1) applies, the court may order that any personal property—
(a) that is found in the offender’s possession; and
(b) that appears to the court to have been obtained, directly or indirectly, from the unlawful obtaining mentioned in subsection (1) ;
be delivered to the person who appears to the court to be entitled to the personal property.
(4) This section does not apply to a valuable security if it appears that—
(a) the security has been paid or discharged in good faith by a person liable to make payment of the security; or
(b) if the security is a negotiable instrument—the security has been taken or received by transfer or delivery in good faith by a person for a valuable consideration without notice and the person did not have reasonable cause to suspect that the security had been unlawfully obtained.
(5) In subsection (4)

"valuable security" includes any document that—
(a) is the property of any person; and
(b) is evidence of the ownership of any property or of the right to recover or receive any property.



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