Queensland Consolidated Acts Queensland Consolidated Actsaccount means a facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for—
(a) a fixed term deposit; and
(b) a safety deposit box.
activity includes activities.
ancillary, offence to an offence, means—
(a) an offence of conspiring to commit the offence; or
(b) an offence of receiving or assisting someone else to enable the other person to escape punishment for the offence; or
(c) an offence of attempting to commit the offence.
Note for paragraph (b)—
See the Criminal Code, section 10.
applicant for chapter 4, part 4, division 2A, see section 153A.
appropriate officer see section 12.
authorised commission officer means an authorised commission officer under the Crime and Misconduct Act 2001, section 272.
automatic forfeiture means forfeiture to the State of property because of the conviction of a person for a serious criminal offence.
available substitute property means property that may become substituted for other property under a tainted property substitution declaration.
benefit—
(a) for chapter 2—see section 21; or
(b) for chapter 3—see section 101.
benefit derived—
(a) for chapter 2—see section 21; or
(b) for chapter 3—see section 102.
buy-back order see section 170.
chairperson means the chairperson of the commission.
charge, of an offence, see section 105.
civil jurisdiction in relation to an amount that is the limit of a Magistrates Court's civil jurisdiction, means an amount equal to the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.
commission means the Crime and Misconduct Commission.
commission officer means a commission officer under the Crime and Misconduct Act 2001.
conceal includes attempt to conceal.
confiscation offence see section 99.
confiscation order means—
(a) a forfeiture order; or
(b) a pecuniary penalty order; or
(c) a proceeds assessment order.
control, property under a direction under an order under this Act, includes manage property.
controlled substance see the Drugs Misuse Act 1986.
convicted, of a confiscation offence, means convicted as defined under section 106 of a confiscation offence.
convicted person for chapter 4, part 4, division 2A, see section 153A.
corresponding entity means an entity that has a function of enforcing a corresponding law.
corresponding law means a law of another State that is prescribed under a regulation to be a law that corresponds to this Act.
court officer means an officer of the Supreme Court appointed by the principal registrar.
dangerous drug see the Drugs Misuse Act 1986, section 4.
dealing with property includes—
(a) acquiring the property; and
(b) disposing of the property; and
(c) encumbering the property; and
(d) if property is a debt—making a payment to anyone to reduce the amount of the debt; and
(da) engaging in a transaction that has the direct or indirect effect of changing the value of a person's interest in the property; and
(e) removing the property from Queensland; and
(f) receiving or making a gift of the property; and
(g) vesting the property in a person while administering the estate of a deceased; and
(h) dealing with the property in another way; and
(i) attempting to do a thing mentioned in paragraph (a), (b), (c), (d), (da), (e), (f) or (g) or to deal with property in another way.
derived includes—
(a) directly or indirectly derived; and
(b) realised.
director of a corporation—
(a) includes—
(i) if the corporation is incorporated for a public purpose by a law of the Commonwealth or a State—a member of the body corporate; and
(ii) any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed to occupy or properly authorised to act in the position; and
(iii) other than as provided by paragraph (b), any person under whose directions or instructions the directors of the corporation are accustomed to act; but
(b) does not include a person under whose directions or instructions the directors of the corporation are accustomed to act only because the directors act on advice given by that person in the proper performance of functions attaching to the person's professional capacity.
DPP means the director of public prosecutions under the Director of Public Prosecutions Act 1984.
effective control see section 20.
encumbrance over property includes any interest, mortgage, charge, right, claim or demand in relation to the property.
examination order see—
(a) for chapter 2—section 38A(1)(a) or (b); or
(b) for chapter 3—section 130A(1)(a) or (b).
exclusion order see section 69.
executive officer of a corporation means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.
external serious crime related activity see section 16(3).
file a document or order includes register the document or order.
financial institution includes—
(a) a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx); and
(b) another entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming, betting or another purpose.
finding of serious crime related activity see section 78(1).
forfeiture certificate see section 265.
forfeiture order means—
(a) for chapter 2—a forfeiture order made under chapter 2; or
(b) for chapter 3—a forfeiture order made under chapter 3; or
(c) otherwise—a forfeiture order made under chapter 2 or chapter 3.
gift, of property includes a transfer for consideration considerably below the higher of—
(a) the prevailing market price for the property; or
(b) the consideration the transferor paid for the property.
illegal activity see section 15.
illegally acquired property see section 22.
innocent interest exclusion order see—
(a) for chapter 2—section 74; or
(b) for chapter 3—section 159.
interstate confiscation offence means an offence against the law, including the common law, of another State, in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of that State.
interstate forfeiture order means an order made under a corresponding law that is declared under a regulation to be an interstate forfeiture order for this definition.
interstate pecuniary penalty order means an order made under a corresponding law that is declared under a regulation to be an interstate pecuniary penalty order for this definition.
interstate restraining order means an order made under a corresponding law that is declared under a regulation to be an interstate restraining order for this definition.
investigation order see—
(a) for chapter 2—section 38A(1); or
(b) for chapter 3—section 130A(1).
Legal Aid means Legal Aid Queensland.
Legal Aid Act means the Legal Aid Queensland Act 1997.
money means money in the form of cash.
money laundering means an offence against section 250.
money order see the Supreme Court of Queensland Act 1991, schedule 2.
monitoring order means a monitoring order under either of the following—
(a) the Crime and Misconduct Act 2001, section 119C;
(b) the Police Powers and Responsibilities Act 2000, section 199.
officer, for chapter 8, part 2, division 3, see section 249A.
owner of an interest in property includes a person who has effective control of the interest.
pecuniary penalty order see section 178.
prescribed respondent see—
(a) for chapter 2, part 3—section 28; or
(b) for chapter 3, part 3—section 116; or
(c) for chapter 3, part 5—section 161; or
(d) for chapter 4, other than part 4, division 2A—section 200; or
(e) for chapter 4, part 4, division 2A—section 116.
principal registrar means the person appointed as the principal registrar of the Supreme Court.
proceeds, in relation to an activity, see section 18.
proceeds assessment order see section 77.
property includes—
(a) generally—property whether situated in Queensland or elsewhere, including outside Australia; and
(b) for chapter 2—see section 19.
Note—
For the meaning of property generally, see the Acts Interpretation Act 1954, sections 32AB (Terms defined both in this Act and another Act) and 36 (Meaning of commonly used words and expressions), which defines property as follows—
property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.
property particulars order see—
(a) for chapter 2—section 38A(1)(c); or
(b) for chapter 3—section 130A(1)(c).
quash, a conviction, see section 107.
reasonably suspect means suspect on grounds that are reasonable in the circumstances.
related, of an offence, see section 108.
release order see—
(a) for chapter 2—section 64; or
(b) for chapter 3—see section 154.
relevant contract see section 200.
relevant person see—
(a) for chapter 2, part 5, division 2—section 81; or
(b) for chapter 3, part 7, division 3—section 187.
restrained property means—
(a) for chapter 2—property restrained under a restraining order under chapter 2; or
(b) for chapter 3—property restrained under a restraining order under chapter 3; or
(c) otherwise—property restrained under a restraining order made under chapter 2 or chapter 3.
restraining order means—
(a) for chapter 2—a restraining order made under chapter 2; or
(b) for chapter 3—a restraining order made under chapter 3; or
(c) otherwise—a restraining order made under chapter 2 or chapter 3.
serious crime derived property see section 23.
serious crime related activity see section 16.
serious criminal offence see section 17.
serious drug offence means any of the following, whether dealt with on indictment or summarily—
(a) an offence against the Drugs Misuse Act 1986, part 2 for which a person is liable on conviction to imprisonment for at least 20 years;
(b) money laundering committed in relation to property that is tainted property in relation to an offence mentioned in paragraph (a);
(c) an offence that is an ancillary offence to an offence mentioned in paragraph (a) or (b).
special forfeiture order see section 200(2).
spouse includes a former spouse.
sufficient consideration in relation to property means a consideration that, having regard solely to commercial considerations, reflects the value of the interest.
suspects, for chapters 2, 3 and 4, includes—
(a) believes; and
(b) knows.
suspension order means a suspension order under either of the following—
(a) the Crime and Misconduct Act 2000, section 119I;
(b) the Police Powers and Responsibilities Act 2000, section 205.
tainted property see section 104.
tainted property substitution declaration means a tainted property substitution declaration made under section 153C.
third party order see section 168.
transaction in property includes any kind of dealing with property whether in Queensland or otherwise.
Example—
receiving a gift
transfer of property includes—
(a) for an interest in land to be transferred from the State—grant; and
(b) if the property is an object—give.
unamenable to justice see section 109.
unavailable property for chapter 4, part 4, division 2A, see section 153A.
weapon see the Weapons Act 1990, schedule 2.