Criminal Proceeds Confiscation Act – Application To Release From Fortfeiture Order Prior To Conviction

What the law says

Section 64 of the Criminal Proceeds Confiscations Act Queensland states:

1. The Supreme Court may order (release order) that a stated interest in property of a stated person that has been forfeited under a forfeiture order may be released from the forfeiture order on payment to the State of the amount the court decides is the value of the interest.
2. The order must state the nature, extent and value, when the order is made, of the person’s interest in the forfeited property.
3. The court may make the order only if it is satisfied-
   • (a) the interest is still vested in the State; and
   • (b) it would not be against the public interest for the interest to be transferred to the person; and
   • (c) there is no other reason the interest should not be transferred to the person.

Section 75 of the Criminal Proceeds Confiscations Act Queensland states:

1. On the payment to the State of the amount stated in a release order as the value of an interest in forfeited property, while the interest is still vested in the State, the forfeiture order ceases to apply to the interest.
2. As soon as practicable after the amount is paid, the Attorney-General must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the State.
3. The Attorney-General may do or authorise the doing of anything necessary or convenient to be done for the transfer

What the police must prove

N/A

Maximum penalty

The Court may order the all or part of the property requested be released upon payment of the stated amount, or it may refuse the application.

If the application is successful, you will be required to pay the stated amount.  Once that amount is paid, the Forfeiture Order will cease to apply to the stated property and that property will be transferred back the person whom owned the property immediately prior to forfeiture.

If you are unsuccessful, the property will remain the subject of the Forfeiture Order and will remain property of the State.

Which court will hear the matter

The application will be heard in the Supreme Court.

Possible defences

In order for you to be successful in an application at Court, you must show the following:

That:

1. Your have an interest in the property that was forfeited to the State by virtue of a Forfeiture Order; AND
2. You made an application to release particular property sought to be forfeiture by that Forfeiture Order; AND
3. You are capable of paying the value of that property; AND
4. The property is still vested in the State (i.e. it hasn’t been sold off);AND
5. It would not be against the public interest for the interest to be transferred to the person; AND

There is no other reason the interest should not be transferred to the person.