Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 153C

153C Application for tainted property substitution declaration

(1) If a person is convicted of a confiscation offence, the State may apply for a tainted property substitution declaration to the Supreme Court or the court before which the convicted person is convicted.

(2) The application under subsection (1) must—

(a) be made in conjunction with an application for a forfeiture order; and

(b) state the details of property that the convicted person used or intended to use in, or in connection with, the commission of the confiscation offence; and

(c) state the details of property that is to be substituted for the property mentioned in paragraph (b) that—

(i) is property in which the person had an interest at the time the confiscation offence was committed; and

(ii) is of the same nature or description as the property mentioned in paragraph (b) .

Example—

A person is convicted of a confiscation offence involving growing cannabis in a rented home unit. The prosecution may apply to the court for a declaration that a home unit owned by the person is tainted property even though the rented home unit and the defendant’s home unit are not of equal value.