Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 89C

89C Making of hardship order

(1) The Supreme Court may, on an application under section 89A , make an order (
"hardship order" ) excluding special property from the operation of an order under section 87 (4) or a charge under section 88 if it is satisfied—

(a) the applicant is a dependant of the person against whom the proceeds assessment order was made; and

(b) the operation of the order under section 87 (4) or charge under section 88 will cause hardship to the dependant.

(2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom a proceeds assessment order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the proceeds assessment order.

(3) In this section—

"special property" means—

(a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the proceeds assessment order was made; or

Example—

property given under a will

(b) property that is or was the dependant’s principal place of residence, if—

(i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and

(ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i) .