CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 29 Restraining orders over other property—affidavit supporting

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 29

    (1)     An affidavit by a police officer supporting an application under section 26 (Restraining orders over other property—application) for a restraining order must state—

        (a)     that the officer believes that an indictment has been presented against the offender for a stated relevant offence, or that the offender has been convicted of a stated relevant offence; or

        (b)     that the officer suspects that the offender has committed a stated relevant offence, and that it is intended, within a stated period—

              (i)     for an ordinary offence—to present an indictment against the offender for the offence (or a related relevant offence); or

              (ii)     for a serious offence—

    (A)     to present an indictment against the offender for the offence (or a related serious offence); or

    (B)     to apply for a civil forfeiture order or a penalty order in relation to the offence (or a related serious offence).

Note     Indictment is defined in the Legislation Act

, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present .)

    (2)     Subsection (1) (b) does not require the police officer to specify a particular offence in the affidavit and it is sufficient if the police officer suspects that the offender has committed a particular kind of offence and the affidavit describes the nature of the offence in general terms.

    (3)     If the application is not for an artistic profits restraining order, the affidavit must state that the police officer believes that the application is being made within the relevant period mentioned in section 27 (Restraining orders—time for making certain applications) for the offence to which the application relates.

Note     No time limit applies to an application for an artistic profits restraining order (see s 27 (1) (a)).

    (4)     For subsection (3), if the application relates to a serious offence, it is sufficient if the police officer believes that the offence was committed within the relevant period mentioned in section 27, and it is not necessary for the officer to believe that the offence was committed on any particular day or time within the relevant period.

    (5)     The affidavit must state, for the property mentioned in the application, or for each stated part of the property—

        (a)     that the officer suspects that the property is either the offender's property or the property of someone else; and

        (b)     for property that the officer suspects is the property of someone else—

              (i)     that the officer suspects that the property is tainted property; or

              (ii)     that the officer suspects that the property is subject to the offender's effective control.

    (6)     The affidavit must state that the police officer believes that—

        (a)     the property sought to be restrained may be required to satisfy a purpose mentioned in section 22 (Restraining orders—purposes); and

        (b)     if the application is for an artistic profits restraining order—the property sought to be restrained may be required to satisfy a penalty order for artistic profits in relation to the offence.

    (7)     For subsection (6) (a), no particular purpose need be stated in the affidavit.

    (8)     The affidavit must state the grounds for each belief or suspicion of the police officer stated in the affidavit.