Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 149

149 Procedure on application

(1) In deciding an application for a forfeiture order, the court must have regard to the evidence given in any proceeding against the person for the confiscation offence on which the application is based.

(2) If—

(a) the application is made to the court before which the person is convicted; and

(b) when the application is made, the court has not passed sentence on the person for the confiscation offence;

the court may defer passing sentence until it has decided the application.

(3) If a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.