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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 28

Restraining orders over unclaimed tainted property—affidavit supporting application

    (1)     An affidavit by a police officer supporting an application under section 25 (Restraining orders over unclaimed tainted property—application) for an unclaimed tainted property restraining order must state—

        (a)     that the police officer suspects that the property is unclaimed tainted property; and

        (b)     that the property has not been claimed by anyone.

Note     No time limit applies to an application for an unclaimed tainted property restraining order (see s 27 (1) (b)).

    (2)     The affidavit must state that the police officer believes that the property sought to be restrained may be required to satisfy a purpose mentioned in section 22 (Restraining orders—purposes).

    (3)     For subsection (2), no particular purpose need be stated in the affidavit.

    (4)     The affidavit must state the grounds for each suspicion or belief of the police officer stated in the affidavit.



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