Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 126

126 Conditions about particular payments out of restrained property

(1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order—

(a) the person’s reasonable living expenses and reasonable business expenses;

(b) the reasonable living expenses of any of the person’s dependants;

(c) a stated debt incurred in good faith by the person.

(2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1) .

(3) Also, subsection (1) applies only if the court is satisfied—

(a) the person can not meet the expense or debt out of property that is not restrained under the order; and

(b) the property from which the expenses or debt are to be paid is not tainted property and is not available substitute property.

(4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because—

(a) the person is a party to a proceeding under this Act; or

(b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.