Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 66

66 Exclusion of property from forfeiture order

(1) A person, including a prescribed respondent, who claims an interest in property that is forfeited under a forfeiture order may apply to the Supreme Court for an exclusion order.

(2) Unless the court gives leave under section 67 —

(a) the application must be made within 6 months after the forfeiture order was made; and

(b) the following persons can not apply for an exclusion order—

(i) a person who was given notice of the application for the forfeiture order;

(ii) a person who appeared at the hearing of the application for the forfeiture order.

(3) For each application made under this section, including an application for leave, the applicant must give a written notice of the making of the application, the grounds for the application and the facts relied on to the State and anyone else who has an interest in the property.

(3A) The grounds for the application and the facts relied on must be stated fully in the notice.

(4) The State must be a party to the application.

(5) Anyone else who is given notice of the application may appear at the hearing of the application.

(6) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application.

(7) The State must give the applicant notice of the grounds for opposing the application.

(8) However—

(a) the State is not required to give the notice; and

(b) the application may not be heard;

until the DPP has had a reasonable opportunity to examine the applicant or a relevant person under an examination order, whether or not an examination order has already been made.

(9) In this section—

"relevant person" means a person other than the applicant who, on examination under an examination order, may be able to give evidence relevant to the application for the exclusion order.