Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 138

138 Supreme Court may order sale of restrained property

(1) This section applies to restrained property under a restraining order only if the State applies to a court for a forfeiture order for the property and the application has not been decided.

(2) The State may, when applying for the forfeiture order or at a later time, apply to the Supreme Court for an order directing the public trustee to sell all or part of the restrained property (
"application property" ).

Note—

The forfeiture order application may have been made in another court because the prescribed respondent was convicted before that court.

(3) The State must give notice of the application to each person who has an interest in the application property.

(4) The Supreme Court may make the order if the court is satisfied, on evidence of the public trustee or otherwise—

(a) the application property may deteriorate or lose value before the forfeiture order application is decided; or

(b) the cost of controlling the application property would be more than the value of the property if it were disposed of after a forfeiture order was made.

(5) The proceeds of a sale under an order under this section are taken to be restrained under the restraining order applying to the application property.