Queensland Consolidated Acts

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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 37

37 Supreme Court may make other orders

(1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in section 38.

(2) However, section 38(h) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because--

(a) the person is a party to a proceeding under this Act; or
(b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence.

(3) The court may make an order under this section--

(a) when making the restraining order or, on application, at a later time; and
(b) whether or not it affects a person whose property is restrained under the restraining order.

(4) Any of the following may apply for an order under this section--

(a) the State;
(b) a person whose property is restrained under the restraining order;
(c) if the restraining order directs the public trustee to take control of restrained property under the restraining order--the public trustee.

(5) Also, with the Supreme Court's leave, a person other than a person mentioned in subsection (4) may apply for an order under this section.

(6) An applicant must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section.

(7) Subsection (6) does not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates.



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