Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 141

141 Supreme Court may declare restrained property is not subject to automatic forfeiture

(1) This section applies only if the confiscation offence a prescribed respondent has been charged with, is about to be charged with, or has been convicted of, is a serious criminal offence.

(2) If the prescribed respondent has an interest in property restrained under a restraining order, the prescribed respondent may apply to the Supreme Court for a declaration that the property is not subject to automatic forfeiture.

(3) The court may make the declaration sought if it is satisfied—

(a) the property was not used in, or in connection with, any illegal activity and was not derived by a person from illegal activity; and

(b) the prescribed respondent’s interest in the property was lawfully acquired.