QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.93JParticular requirements for affidavit relating to relevant property that is not prescribed respondent’s property
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### sec.93J Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property
This section applies only if an authorised commission officer’s or a police officer’s affidavit relates to property of someone other than the prescribed respondent.
This section is in addition to section 93I .
The officer’s affidavit must state—
the officer suspects that the property is either—
under the prescribed respondent’s effective control; or
a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and
the reason for the suspicion.
s 93J ins 2013 No. 21 s 42
(sec.93J-ssec.1) This section applies only if an authorised commission officer’s or a police officer’s affidavit relates to property of someone other than the prescribed respondent.
(sec.93J-ssec.2) This section is in addition to section 93I .
(sec.93J-ssec.3) The officer’s affidavit must state— the officer suspects that the property is either— under the prescribed respondent’s effective control; or a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and the reason for the suspicion.
- (a) the officer suspects that the property is either— (i) under the prescribed respondent’s effective control; or (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and
- (i) under the prescribed respondent’s effective control; or
- (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and
- (b) the reason for the suspicion.
- (i) under the prescribed respondent’s effective control; or
- (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and