Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 4

4 Objects

(1) The main object of this Act is to remove the financial gain and increase the financial loss associated with illegal activity, whether or not a particular person is convicted of an offence because of the activity.

(2) It is also an important object of this Act--

(a) to ensure that property rights are affected by orders under this Act, including orders limiting a person's ability to deal with the property, only through procedures ensuring persons who may be affected by the orders are given a reasonable opportunity to establish the lawfulness of the activity through which they acquired the relevant property rights; and
(b) to protect property honestly acquired by persons innocent of illegal activity from forfeiture and other orders affecting property; and
(c) to ensure that orders of other States restraining or forfeiting property under corresponding laws may be enforced in Queensland.

(3) This Act provides for 2 separate schemes to achieve its objects.

(4) One of the schemes relies on a person being charged and convicted (as defined in this Act) and is administered by the DPP.

(5) The other scheme does not depend on a charge or conviction and is administered by the Crime and Misconduct Commission.

(6) Despite the similarities between the schemes, each is separate and neither scheme is to be construed as limiting the other, unless this Act otherwise expressly provides.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]