Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 82

82 Matters to which Supreme Court must have regard

(1) The Supreme Court must have regard to the evidence before it about the following—

(a) the value of cash and other property that came into the possession or under the control of the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;

(b) the value of any benefit provided for the relevant person or someone else at the request, or by the direction, of the relevant person, because of the illegal activity;

(c) if the illegal activity involved a dangerous drug or controlled substance (the
"illegal drug" )—

(i) the market value, when the illegal activity happened, of a dangerous drug or controlled substance similar, or substantially similar, to the illegal drug; and

(ii) the amount that was, or the range of amounts that were, ordinarily paid for an act similar, or substantially similar, to the illegal activity;

(d) the value of the relevant person’s property before, during and after the illegal activity;

(e) the relevant person’s income and expenditure before, during and after the illegal activity.

(2) The court—

(a) may treat as the value of the proceeds the value the proceeds would have had if derived when the valuation is being made; and

(b) without limiting paragraph (a) , may have regard to any decline in the purchasing power of money between the time the proceeds were derived and the time the valuation is being made.