Do I have to be convicted before my property can be forfeited in Queensland?

No. The Criminal Proceeds Confiscation Act 2002 (Qld) contains both conviction based and non-conviction based schemes. Restraining orders can be obtained while charges are pending, and unexplained wealth orders do not require a conviction at all. The status of any criminal proceeding can affect which type of order is available.

Can I pay my legal fees out of restrained property?

Sometimes, but not automatically. The Act contains provisions allowing reasonable legal and living expenses to be met from restrained property in defined circumstances, and an application is required. This should be raised early, because a restraint that leaves you unable to fund a defence creates problems in both proceedings at once.

How long can a restraining order last?

Until the related proceedings are finished, which can be a considerable period. Restraining orders are designed to preserve property until criminal charges are determined, and criminal matters in the District and Supreme Courts routinely take a year or more. Applications can be made to vary or exclude specific property in the meantime.

What is an unexplained wealth order?

An order requiring payment of an amount the court assesses as representing wealth you cannot lawfully account for. The State must satisfy the court that you engaged in serious crime related activity, or obtained property from someone who did. The practical answer is documentary evidence showing the lawful source of the assets.

Crime

Proceeds of crime in Queensland

Published 28 July 2022

What the Act is for

The stated aims of the confiscation scheme are straightforward.

Remove the financial gain from criminal activity.
Increase the financial loss associated with it.
Deter people from committing offences in the first place.
Help authorities trace property acquired unlawfully.

Applications are usually brought by the Queensland Police Service or the Crime and Corruption Commission.

What counts as proceeds of crime

Broadly, anything of value connected to the alleged activity. In practice that has included:

real property;
motor vehicles, boats and other equipment;
cash, shares and cryptocurrency;
jewellery and other personal property;
property bought with other proceeds of crime;
royalties from books or films dealing with the alleged conduct;
revenue generated because of the conduct, including speaking fees and some consulting income.

The reach extends past the end of a sentence. Proceeds sufficiently connected to the activity can be pursued after a term of imprisonment has been served and after every fine has been paid.

The reverse onus

In an ordinary criminal proceeding the prosecution proves the case beyond reasonable doubt and the defendant need do nothing.

Confiscation proceedings are civil in character. Where an application is made in relation to your property, the practical burden falls on you to establish that the property is not connected to the alleged unlawful activity.

That is the single most important feature of this legislation and the reason people are caught out by it. Silence, which is your right in the criminal matter, does not help you here.

The orders available

Freezing orders

A holding measure. A freezing order keeps things where they are until a longer term restraint can be sought. It can stop withdrawals from a bank account or dealings with a mortgage until further order.

Restraining orders

A restraining order controls what you can do with identified property. It can prevent a sale, prevent property being moved, cap withdrawals, or permit spending only for defined purposes.

Its function is to keep the property intact until the criminal charges are dealt with. That can run for a long time.

Forfeiture orders

Forfeiture usually follows restraint. Property found to be proceeds of crime can be seized and sold, with the proceeds paid into consolidated revenue.

Pecuniary penalty orders

Where the benefit derived cannot be traced to identifiable property, the State can seek payment of an equivalent sum. An application for a pecuniary penalty order must be made within six months of the conviction date.

Unexplained wealth orders

Used where authorities believe a person has profited from serious crime related activity but cannot tie particular property to a particular offence.

If the State satisfies the court that the person engaged in serious crime related activity, or acquired property from someone who did, and that wealth was acquired unlawfully, the court can fix an amount representing the unexplained wealth and order it paid.

The answer to an unexplained wealth application is documentary. Show, with records, how the assets were lawfully acquired.

Literary proceeds orders

These capture revenue derived from notoriety associated with an indictable offence, including books, live appearances and paid interviews. The court weighs the nature of the conduct that generated the proceeds, whether the activity was in the public interest, whether it had cultural or educational value, the seriousness of the offence, and how much time has passed.

The practical damage

The legal outcome is often not the worst part.

A restraint that runs for eighteen months while charges are pending can end a business, cost a family its home and destroy a credit position, whether or not the charges are ultimately proved. Mortgage payments still fall due on a restrained property.

That is why the response has to start immediately. There are mechanisms for meeting reasonable living and legal expenses out of restrained property, and there are grounds for excluding particular property from an order, but they require an application and evidence.

If your assets are the subject of an application, see our page on proceeds of crime matters and get advice before the first return date.

Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.