Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 80

80 Proceeds assessment order increase if forfeiture order discharged

(1) This section applies if—

(a) the Supreme Court makes a proceeds assessment order; and

(b) in deciding the value of the proceeds derived from a person’s illegal activities, the court takes into account the value of property forfeited under a forfeiture order or serious drug offender confiscation order; and

(c) after the proceeds assessment order is made—

(i) the forfeiture ends because of an appeal; or

(ii) an exclusion order or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.

(2) The State may apply to the Supreme Court for a variation of the proceeds assessment order to increase the amount payable under the order.

(3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the proceeds assessment order.