Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 37

37 Effect of forfeiture order on third parties

(1) Where an application for forfeiture of property has been made under section 34 , any person who claims an estate or interest in the property may apply to the court for an order under subsection (2) .

(2) Where—

(a) a person has made an application under subsection (1) ; and

(b) a forfeiture order has been made in respect of property, whether before or after the making of the application;

the court hearing the application may, if it is satisfied on the balance of probabilities that the person was not a party to the commission of the offence, make an order—

(c) declaring the nature, extent and value of the person’s estate or interest in the property (including accruing interest (if any)); and

(d) declaring that there is payable by the Crown to the person an amount equal to the value of the person’s estate or interest in the property as declared by the court pursuant to paragraph (c) .

(3) Where, on application by a person, a court makes an order under subsection (2) in respect of property, the court may also, if it is satisfied—

(a) that it would not be contrary to the public interest for the property to be transferred to the person; and

(b) that there is no other reason why the property should not be transferred to the person;

make an order declaring that the person is entitled to discharge the forfeiture order as provided by section 39 .

(4) An application under subsection (1) in respect of property may be made—

(a) at the hearing of the application for a forfeiture order in respect of the property; or

(b) at any time after the making of a forfeiture order in respect of the property, by a person who was not given notice by the prosecution of the making of the application for the forfeiture order and who did not appear at the hearing of the last mentioned application; or

(c) at any time after the making of a forfeiture order in respect of the property, if the court is satisfied that there are special grounds for permitting the making of such an application.

(5) Without limiting the generality of subsection (4) (c) , special grounds for permitting the making of an application by a person under subsection (1) after the making of a forfeiture order include the following—

(a) that the person was unable to appear at the hearing of the application for the forfeiture order;

(b) that the person, for a good reason, did not appear at the hearing of the application for the forfeiture order;

(c) that particular evidence proposed to be adduced by the person in connection with the application under subsection (1) was not available to the person at the time of the hearing of the application for the forfeiture order.

(6) A person who makes an application under subsection (1) in respect of property, otherwise than at the hearing of an application for a forfeiture order in respect of the property, shall give notice to the Minister of the making of the application and of the date, time and place for the hearing of the application.