CONFISCATION ACT 1997 - SECT 95B What must be in the application?

CONFISCATION ACT 1997 - SECT 95B

S. 95B(1) amended by No. 6/2018 s. 68(Sch.  2 item 26.8).

    (1)     An application under section 95A must be supported by evidence on oath or affirmation or by affidavit of the applicant.

    (2)     An application under section 95A must specify—

        (a)     whether the warrant was issued under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 ; and

        (b)     when the warrant was issued; and

        (c)     the property seized under the warrant which is the subject of the application; and

        (d)     the grounds on which the applicant believes that the property seized under the warrant is tainted property; and

        (e)     whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and

S. 95B(2)(f) amended by No. 68/2009 s. 97(Sch. item 23.60).

        (f)     the offence or offences with which the accused has been charged; and

        (g)     that the property which is the subject of the application is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires).

S. 95C inserted by No. 63/2003 s. 25.