Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 50

50 When Supreme Court may exclude applicant’s property

(1) The Supreme Court may exclude the applicant’s property from the order if it is satisfied the applicant acquired the property—

(a) in good faith and for sufficient consideration; and

(b) without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was illegally acquired property.

(2) The Supreme Court may make the order only to the extent to which the interest in the property concerned was not, when it first became illegally acquired property, acquired using the proceeds of an illegal activity.

(3) In addition, the Supreme Court may exclude the applicant’s property from the order if it is satisfied it is in the public interest to amend the order in the particular circumstances.

(4) The Supreme Court may require the applicant to give the undertakings about the applicant’s property the court considers appropriate.