(4) An application under subsection (1), (2) or (2A) S. 16(4) must be supported by an affidavit of— amended by Nos 87/2004 s. 8(3), 37/2014 s. 10(Sch. item 25.2(b)(ii)), 55/2014 s. 20(3)(a). (a) a police officer; or S. 16(4)(a) substituted by No. 37/2014 s. 10(Sch. item 25.2(b)(i)). (b) a person authorised by or under an Act to prosecute the relevant type of offence— setting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs— (c) in the case of an application made in reliance S. 16(4)(c) amended by on the proposed charging of the accused with No. 68/2009 an offence, that the accused will be so s. 97(Sch. item 23.16). charged within the next 48 hours; and (d) that— S. 16(4)(d) amended by No. 68/2009 (i) in the case of an application under s. 97(Sch. subsection (1) or (2)—the accused has item 23.16), substituted by an interest in the property or the No. 55/2014 property is tainted property (as the case s. 20(3)(b). may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that—
S. 16(4) amended by Nos 87/2004 s. 8(3), 37/2014 s. 10(Sch. item 25.2(b)(ii)), 55/2014 s. 20(3)(a). (4) An application under subsection (1), (2) or (2A) must be supported by an affidavit of— S. 16(4)(a) substituted by No. 37/2014 s. 10(Sch. item 25.2(b)(i)). (a) a police officer; or (b) a person authorised by or under an Act to prosecute the relevant type of offence— setting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs— S. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16). (c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and S. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16), substituted by No. 55/2014 s. 20(3)(b). (d) that— (i) in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that—
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