Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 90

90 Serious crime related activity can form basis of a number of orders

(1) The fact that a restraining order or a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of another restraining order or forfeiture order on the basis of that activity.

(2) Also, the fact that a forfeiture order has been made on the basis of a person’s serious crime related activity does not prevent the making of a proceeds assessment order or an unexplained wealth order on the basis of that activity.

(3) In addition, the fact that a proceeds assessment order or an unexplained wealth order has been made on the basis of a person’s serious crime related activity does not prevent the making of a forfeiture order on the basis of that activity.

(4) However, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person.

(5) If the State has unsuccessfully applied—

(a) for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or

(b) for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.