Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 137

137 Restraining order may be set side

(1) On the application of a person mentioned in subsection (2) , the Supreme Court may make an order setting aside the restraining order.

(2) The application may be made by—

(a) the State; or

(b) the prescribed respondent; or

(c) a person whose property is restrained under the restraining order or who has an interest in the restrained property.

(3) The applicant must give notice of the application to the DPP and anyone else the applicant considers has an interest in the restrained property.

(4) A person given or entitled to be given notice under subsection (3) may appear at the hearing of the application.

(5) Without limiting subsection (1) , the court may set aside a restraining order on the application of a prescribed respondent if the prescribed respondent—

(a) gives security acceptable to the court for payment to satisfy any pecuniary penalty order that may be made against the prescribed respondent on the prescribed respondent’s conviction for the offence; or

(b) gives undertakings satisfactory to the court about the prescribed respondent’s property.