Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 38

38 Discharge of forfeiture

(1) Where—

(a) property has been forfeited to the Crown by order made under section 34 in reliance on the conviction of a person of an offence defined in part 2 ; and

(b) that person has appealed against the conviction;

a court hearing the appeal, if it allows the appeal, may order that the forfeiture order be quashed.

(2) Subject to section 41 (2) , where a forfeiture order in respect of property is quashed as provided by subsection (1) or by a court hearing an appeal against the making of the forfeiture order, the person whose property it was immediately before forfeiture or the person’s legal personal representative may, by application in writing, request the Minister to return the property.

(3) The Minister by certificate shall certify whether or not—

(a) the property is still in specie and still vested in the Crown; or

(b) the property has been disposed of or destroyed.

(4) Where the Minister certifies pursuant to subsection (3) (a) , the property shall thereby divest from the Crown and vest in the applicant.

(5) Where the Minister certifies pursuant to subsection (3) (b) , there is payable to the applicant by the Crown the amount specified in the forfeiture order as the value of the property.

(6) Where—

(a) a person applies to the Minister under subsection (2) for the return of property that is still vested in the Crown; and

(b) pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;

then, notwithstanding subsections (4) and (5) , the Minister shall inform the first mentioned person that the property will be returned to the first mentioned person on payment to the Crown of an amount equal to the amount mentioned in paragraph (b) and, where that amount is paid to the Crown, the Minister shall arrange for the property to be returned to the first mentioned person.

(7) Where—

(a) a person applies to the Minister under subsection (2) for the return of property that is not still vested in the Crown; and

(b) pursuant to an order made under section 37 (2) , an amount has been paid by the Crown to another person in respect of that other person’s interest in the property;

then, notwithstanding subsections (4) and (5) , there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by an amount equal to the amount mentioned in paragraph (b) .

(8) Where—

(a) a person applies to the Minister under subsection (2) for the return of the property that is not still vested in the Crown; and

(b) the property has been transferred to another person pursuant to section 39 (4) ;

there is payable to the first mentioned person the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in an order made under section 37 (2) as the value of the other person’s interest in the property.