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This is a Bill, not an Act. For current law, see the Acts databases.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS AMENDMENT (REGISTRATION OF FOREIGN PROCEEDS OF CRIME ORDERS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Mutual Assistance in Criminal Matters
Amendment (Registration of Foreign
Proceeds of Crime Orders) Bill 2011
No. , 2011
(Justice)
A Bill for an Act to amend the Mutual Assistance in
Criminal Matters Act 1987, and for related purposes
i Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of
Crime Orders) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Registration of foreign orders
3
International Criminal Court Act 2002
3
International War Crimes Tribunals Act 1995
3
Mutual Assistance in Criminal Matters Act 1987
3
Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime
Orders) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Mutual Assistance in
1
Criminal Matters Act 1987, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Mutual Assistance in Criminal
5
Matters Amendment (Registration of Foreign Proceeds of Crime
6
Orders) Act 2011.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of
Crime Orders) Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Registration of foreign orders Schedule 1
Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime
Orders) Bill 2011 No. , 2011 3
Schedule 1--Registration of foreign orders
1
2
International Criminal Court Act 2002
3
1 At the end of subsection 156(1)
4
Add ", unless the court is satisfied that it would be contrary to the
5
interests of justice to do so".
6
2 Subsection 156(3)
7
Omit "must", substitute "may".
8
International War Crimes Tribunals Act 1995
9
3 Subsection 45(1)
10
Omit all the words and paragraphs after "the order", substitute ", unless
11
the court is satisfied that it would be contrary to the interests of justice
12
to do so".
13
4 After subsection 45(1)
14
Insert:
15
(1A) The Director of Public Prosecutions must give notice of the
16
application:
17
(a) to specified persons the Director of Public Prosecutions has
18
reason to suspect may have an interest in the property; and
19
(b) to such other persons as the court directs.
20
(1B) However, the court may consider the application without notice
21
having been given if the Director of Public Prosecutions requests
22
the court to do so.
23
Mutual Assistance in Criminal Matters Act 1987
24
5 Before section 34
25
Insert:
26
Schedule 1 Registration of foreign orders
4 Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of
Crime Orders) Bill 2011 No. , 2011
33A Object of Subdivision
1
(1) The object of this Subdivision is to facilitate international
2
cooperation in the recovery of property through the registration and
3
enforcement of foreign orders in Australia.
4
(2) For the purpose of achieving this object, it is the intention of the
5
Parliament that the validity of foreign orders not be examined.
6
6 At the end of subsection 34A(1)
7
Add ", unless the court is satisfied that it would be contrary to the
8
interests of justice to do so".
9
7 Subsection 34A(3)
10
Omit "must", substitute "may".
11
8 Application of amendments made by this Schedule
12
The amendments made by this Schedule apply in relation to an
13
application for registration of a foreign order considered by a court on
14
or after the day on which this item commences, whether the request for
15
registration was made before, on or after that day.
16
9 Registration of foreign orders before commencement
17
unaffected
18
The amendments made by this Schedule do not affect the validity of the
19
registration of a foreign order by a court before the day on which this
20
item commences.
21