Commonwealth Consolidated Acts

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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 44

Requests for enforcement of forfeiture orders

             (1)  Subject to subsection (3), if:

                     (a)  a Tribunal requests the Attorney‑General to make arrangements for the enforcement of a forfeiture order made in relation to property that is believed to be in Australia; and

                     (b)  the Attorney‑General is satisfied that a person has been convicted by the Tribunal of the Tribunal offence to which the order relates; and

                     (c)  the Attorney‑General is satisfied that the conviction and the order are not subject to further appeal in the Tribunal;

the Attorney‑General may, in writing, authorise the Director of Public Prosecutions to apply for the registration of the order in a specified court.

             (2)  The court specified must be the Supreme Court of a State or Territory in which the property, or some of the property, is believed to be located.

             (3)  The Attorney‑General must not comply with the request if, in his or her opinion:

                     (a)  complying with the request would prejudice Australia's sovereignty, security or national interest; or

                     (b)  there are special circumstances justifying non‑compliance.



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