Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 36

36 Effect of forfeiture

(1) Upon the making of a forfeiture order under section 34 the property to which it relates shall divest from the person in whom it is vested at that time and vest in the Crown and, subject to any further order made in relation to that property by a court, shall be destroyed or disposed of in accordance with the Minister’s directions.

(2) A person who is in possession of property forfeited to the Crown under section 34 or of documents of title to such property shall deliver the property or the documents of title to a person authorised in that behalf by the Minister, upon demand of that authorised person.

(3) Where a person has delivered property or documents of title to property in compliance with subsection (2) the person shall thereby be discharged from any duty or obligation had by him or her to any other person in relation to the disposition of the property or documents of title and from all liability that, but for this subsection, might have arisen by reason of such delivery.

(4) The registrar of titles and any other person charged with the keeping of registers relating to property forfeited to the Crown pursuant to this part shall, upon request in that regard and upon production to him or her of sufficient evidence of the forfeiture record—

(a) the forfeiture to and vesting in the Crown of the property; or

(b) where the Minister so directs, the public trustee as being the holder upon trust for and on behalf of the Crown of the property;

in the register in his or her keeping and may do so notwithstanding—

(c) any other Act to the contrary; or

(d) that any relevant document of title to the property is not produced to him or her.

(5) In all proceedings and for all purposes a certificate purporting to be by—

(a) the registrar or a deputy registrar of the Supreme Court if that court makes the order; or

(b) the registrar of the Childrens Court constituted by a judge if that court makes the order; or

(c) the clerk of the court at the place where—

(i) the Childrens Court constituted by a Childrens Court magistrate or a magistrate; or

(ii) a Magistrates Court constituted by a magistrate;

is the court making the order;
as to the making of the order and the property to which the order relates shall be conclusive evidence of the matters contained therein.

(6) Where a certificate referred to in subsection (5) is duly produced to the registrar of the Supreme Court for registration the registrar shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court and the order to which it refers shall be deemed to be a judgment of the court, duly entered, obtained by the Crown as plaintiff in an action for the recovery of possession of the property to which the order relates against the person from whom the property has been divested under subsection (1) , and all such proceedings may be taken to recover the property as could be taken if the judgment had been given by the court in favour of the Crown.