Affidavit evidence filed in support of restraining orders under s 18 of the Proceeds of Crime Act 2002 (Cth) deposing to the grounds for an authorised officer's suspicion is not subject to the hearsay rule in s 59 of the Evidence Act, because it is adduced to show the basis for the suspicion rather than to prove the truth of the asserted facts. Consequently, s 75 does not require identification of the source of hearsay information for such evidence to be admissible. However, failure to identify sources goes to the weight of the evidence and whether reasonable grounds for the suspicion are disclosed. Separately, the admissibility of evidence relied upon to obtain a restraining order may be challenged on a revocation application under s 42, not only on appeal.
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