Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 12

12 Proceedings by the State and meaning of appropriate officer

(1) If the State may start a proceeding under this Act, the proceeding may be started for the State as follows—

(a) for chapter 2 or 2A —

(i) by the commission; or

(ii) with the approval of the commission, by a police officer; or

(b) for chapter 3 or 4 , by an appropriate officer; or

(c) for chapter 10 , part 1 , by an appropriate officer.

(2) A proceeding taken by or for the State must be taken under the title “State of Queensland”.

(3) The DPP is the solicitor on the record for the proceeding.

(4) Without limiting subsection (2) , any document of the State necessary for the proceeding under a provision of this Act may be signed by a person who is an appropriate officer for that provision.

(5) For this Act,
"appropriate officer" —

(a) for subsection (1) (c) , chapter 2 , chapter 2A or chapter 10 , means—

(i) the chairperson; or

(ii) an authorised commission officer; or

(iii) the DPP, a deputy DPP, or a lawyer appointed to assist the DPP in the performance of the DPP’s functions; or

(b) for subsection (1) (b) , chapter 3 or chapter 4 —

(i) means a person mentioned in paragraph (a) (iii) ; or

(ii) for the purposes of an application to a Magistrates Court for a forfeiture order or pecuniary penalty order and related matters—includes the commissioner of the police service or another police officer.