95B What must be in the application? S. 95B inserted by (1) An application under section 95A must be No. 63/2003 supported by evidence on oath or by affidavit of s. 25. the applicant. (2) An application under section 95A must specify— (a) whether the warrant was issued under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981; and (b) when the warrant was issued; and (c) the property seized under the warrant which is the subject of the application; and (d) the grounds on which the applicant believes that the property seized under the warrant is tainted property; and (e) whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and (f) the offence or offences with which the S. 95B(2)(f) amended by accused has been charged; and No. 68/2009 s. 97(Sch. item 23.60). (g) that the property which is the subject of the application is no longer required for evidentiary purposes under the Crimes Act or the 1958 Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). 95C Court may make declaration S. 95C inserted by No. 63/2003 (1) If the Magistrates' Court is satisfied that it is s. 25. appropriate to do so, the Court may make a
S. 95B inserted by No. 63/2003 s. 25. 95B What must be in the application? (1) An application under section 95A must be supported by evidence on oath or by affidavit of the applicant. (2) An application under section 95A must specify— (a) whether the warrant was issued under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981; and (b) when the warrant was issued; and (c) the property seized under the warrant which is the subject of the application; and (d) the grounds on which the applicant believes that the property seized under the warrant is tainted property; and (e) whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and S. 95B(2)(f) amended by No. 68/2009 s. 97(Sch. item 23.60). (f) the offence or offences with which the accused has been charged; and (g) that the property which is the subject of the application is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). S. 95C inserted by No. 63/2003 s. 25. 95C Court may make declaration (1) If the Magistrates' Court is satisfied that it is appropriate to do so, the Court may make a
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