Criminal Proceeds Confiscation Act 2002 (Qld)

Criminal Proceeds Confiscation Act 2002

An Act to provide for the confiscation of the proceeds of crime and property connected to persons convicted of particular serious drug offences, the payment to the State of unexplained wealth, and for other purposes

Chapter 1 Introduction

1 Short title This Act may be cited as the Criminal Proceeds Confiscation Act 2002.

2 Commencement (1) This Act, other than the following provisions, commences on 1 January 2003— (a) chapter 12, part 4; (b) section 283 and schedule 3, items 49 and 50; (c) section 339 and schedule 4, to the extent the schedule amends the Trustee Companies Act 1968. (2) Schedule 3, items 49 and 50 are taken to have commenced on 1 January 2002. (3) The following provisions commence on assent— (a) chapter 12, part 4; (b) section 283; (c) section 339 and schedule 4, to the extent the schedule amends the Trustee Companies Act 1968.

3 Definitions The dictionary in schedule 6 defines particular terms used in this Act.

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 deprive persons of the following— (i) illegally acquired property, tainted property and benefits derived from the commission of offences; (ii) the benefits derived from contracts about confiscation offences; (iii) wealth that persons can not satisfy a court was lawfully acquired; and (b) to deter persons from committing serious criminal offences, including by increasing the financial risk associated with committing serious criminal offences; and (c) to prevent the reinvestment of financial gain from illegal activity in further illegal activity; and (d) to assist law enforcement agencies to effectively trace— (i) property acquired by persons who engage in illegal activity; and (ii) tainted property; and (iii) benefits derived from the commission of offences; and (iv) amounts of unexplained wealth; and (e) to forfeit to the State property of, or associated with, persons who commit qualifying offences, and against whom serious drug offender confiscation orders are made, in recognition of the impact of qualifying offences on the community and the justice system; and (f) to ensure orders of other States restraining or forfeiting property under corresponding laws may be enforced in Queensland; and (g) to protect property honestly acquired for sufficient consideration by persons innocent of illegal activity from forfeiture and other orders affecting property. (3) This Act provides for 3 separate schemes to achieve its objects. (4) The scheme in chapter 2 does not depend on a charge or conviction and is administered by the commission. (5) The scheme in chapter 2A relates to the charge or conviction of particular serious offences involving drugs and is administered by the commission. (6) The scheme in chapter 3 relies on a person being charged and convicted (as defined in this Act) of a confiscation offence and is administered by the DPP. (7) Despite the similarities between the schemes, each is separate and none of the schemes are to be construed as limiting either of the other schemes, unless this Act otherwise expressly provides.