Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93F

93F Meaning of qualifying offence and pre-qualifying offence

(1) A category A offence is a
"qualifying offence" .

(2) Also, a category B offence or category C offence is a
"qualifying offence" if—

(a) the offence is committed by a person within 7 years after committing the following offences (
"pre-qualifying offences" )—

(i) 2 category B offences;

(ii) 2 category C offences;

(iii) 1 category B offence and 1 category C offence; and

(b) a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence.

(3) For subsection (2) , if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence.

(4) Subsection (5) applies if—

(a) an offence (a
"relevant offence" ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and

(b) the serious drug offender confiscation order has not been discharged under part 4 , division 5 .

(5) Despite subsections (1) and (2) , the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order.