sec.118Affidavit—general requirements

### sec.118 Affidavit—general requirements The police officer’s affidavit must state the following— the confiscation offence on which the application is based; if the confiscation offence is not a major drug offence and the police officer suspects the relevant property is the prescribed respondent’s property, the police officer suspects— the property is tainted property and the reason for the suspicion; or the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion; if the basis of the application is the conviction of the prescribed respondent of the confiscation offence, details of the conviction; if the basis of the application is the fact that the prescribed respondent has been or is about to be charged with the confiscation offence, the police officer suspects the prescribed respondent committed the offence and the reason for the suspicion; details of the property sought to be restrained; the police officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion. s 118 amd 2013 No. 21 s 43 - (a) the confiscation offence on which the application is based; - (b) if the confiscation offence is not a major drug offence and the police officer suspects the relevant property is the prescribed respondent’s property, the police officer suspects— (i) the property is tainted property and the reason for the suspicion; or (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion; - (i) the property is tainted property and the reason for the suspicion; or - (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion; - (c) if the basis of the application is the conviction of the prescribed respondent of the confiscation offence, details of the conviction; - (d) if the basis of the application is the fact that the prescribed respondent has been or is about to be charged with the confiscation offence, the police officer suspects the prescribed respondent committed the offence and the reason for the suspicion; - (e) details of the property sought to be restrained; - (f) the police officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion. - (i) the property is tainted property and the reason for the suspicion; or - (ii) the prescribed respondent derived a benefit from the commission of the offence and the reason for the suspicion;