Queensland Consolidated Acts

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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 152

Forfeiture order may provide for discharge of encumbrance

152 Forfeiture order may provide for discharge of encumbrance

(1) If—
(a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a forfeiture order in good faith, for valuable consideration, and in the ordinary course of the encumbrancee’s business; and
(b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance;
the court may make the orders about the encumbrance the court considers appropriate.
(2) The DPP may give the undertaking for the State.



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