Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 29

29 Affidavit

(1) The affidavit of the authorised commission officer or police officer must state—

(a) for property mentioned in section 28 (3) (a) if the serious crime related activity involves an offence stated in schedule 2 , part 1 —the officer suspects the prescribed respondent—

(i) has engaged in 1 or more serious crime related activities; and

(ii) the reason for the suspicion; or

(b) for property mentioned in section 28 (3) (a) if paragraph (a) does not apply—the officer suspects the prescribed respondent—

(i) has engaged in 1 or more serious crime related activities; and

(ii) has derived proceeds from engaging in 1 or more of these serious crime related activities; and

(iii) the reason for the suspicion; or

(c) for property mentioned in section 28 (3) (b) —the officer suspects the property is serious crime derived property because of a serious crime related activity of a prescribed respondent and the reason for the suspicion; or

(d) for property mentioned in section 28 (3) (c) —the officer suspects the property is serious crime derived property and the reason for the suspicion.

(2) Also, for property of a person suspected of having engaged in 1 or more external serious crime related activities, the affidavit must state that the authorised commission officer or police officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against property of the prescribed respondent that is the subject of the application as a result of the external serious crime related activity.