Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 45

45 Notice of restraining order and other orders

(1) This section applies if the Supreme Court—

(a) makes a restraining order; or

(b) makes another order under division 3 in relation to a restraining order.

(2) As soon as practicable after the order is made, the commission must give each person whose property is restrained under the order and anyone else who is affected by the order a copy of the order.

(2A) However, under subsection (2) the commission is not required to give a person whose property is restrained under a restraining order a copy of, or notice of, an investigation order made under section 38A (1) (a) , (b) or (c) directed to another person.

(3) If the order directs the public trustee to take control of property, the commission must give the public trustee a copy of the order.

(4) However, if the application was made for the State by the commissioner of the police service, the commissioner of the police service—

(a) must give the commission a copy of the order; and

(b) must give the notice required to be given under subsection (2) or (3) .

(5) A restraining order, or another order under division 3 , does not stop having effect only because a person required to be served under subsection (2) has not been served with a copy of the order.