QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.119Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property
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### sec.119 Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property
This section applies only if a police officer’s affidavit relates to property of someone other than the prescribed respondent.
This section is in addition to section 118 .
If the relevant offence is a major drug offence, the police officer’s affidavit must state—
the police officer suspects that the property is tainted property and the reason for the suspicion; or
the police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.
If the relevant offence is not a major drug offence, the police officer’s affidavit must state—
the police officer suspects that the property is tainted property and the reason for the suspicion; or
the police officer—
suspects that the property is under the prescribed respondent’s effective control; and
suspects that the prescribed respondent derived a benefit from the commission of the offence; and
the reason for the suspicion.
s 119 amd 2013 No. 21 s 44
(sec.119-ssec.1) This section applies only if a police officer’s affidavit relates to property of someone other than the prescribed respondent.
(sec.119-ssec.2) This section is in addition to section 118 .
(sec.119-ssec.3) If the relevant offence is a major drug offence, the police officer’s affidavit must state— the police officer suspects that the property is tainted property and the reason for the suspicion; or the police officer suspects that the property is under the prescribed respondent’s effective control and the reason for the suspicion.
(sec.119-ssec.4) If the relevant offence is not a major drug offence, the police officer’s affidavit must state— the police officer suspects that the property is tainted property and the reason for the suspicion; or the police officer— suspects that the property is under the prescribed respondent’s effective control; and suspects that the prescribed respondent derived a benefit from the commission of the offence; and the reason for the suspicion.
- (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.
- (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.
- (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.
- (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.