CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 119 Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 119

119 Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property

(1) This section applies only if a police officer’s affidavit relates to property of someone other than the prescribed respondent.

(2) This section is in addition to section 118 .

(3) If the relevant offence is a major drug offence, the police officer’s affidavit must state—

(a) the police officer suspects that the property is tainted property and the reason for the suspicion; or

(b) the police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.

(4) If the relevant offence is not a major drug offence, the police officer’s affidavit must state—

(a) the police officer suspects that the property is tainted property and the reason for the suspicion; or

(b) the police officer—

(i) suspects that the property is under the prescribed respondent’s effective control; and

(ii) suspects that the prescribed respondent derived a benefit from the commission of the offence; and

(iii) the reason for the suspicion.