MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34E Enforcement of foreign restraining orders

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34E

  (1)   A foreign restraining order registered in a court under this Subdivision   has effect, and may be enforced, as if it were a restraining order that:

  (a)   was made by the court under the Proceeds of Crime Act at the time of the registration; and

  (b)   directed that the property specified in the order is not to be disposed of or otherwise dealt with by any person.

  (2)   In particular:

  (a)   section   288 of that Act applies as if:

  (i)   the reference in that section to the Official Trustee's exercise of powers under that Act included a reference to the Official Trustee's exercise of those powers in relation to a foreign restraining order so registered; and

  (ii)   the reference in that section to the Official Trustee's performance of functions or duties under that Act included a reference to the Official Trustee's performance of those functions or duties in relation to such a foreign restraining order; and

  (b)   section   289 of that Act applies as if the reference in that section to controlled property included a reference to property that is subject to an order under section   35; and

  (c)   section   290 of that Act applies as if the reference in that section to the controlled property were a reference to the property that is subject to an order under section   35.

  (3)   Divisions   1, 2 and 3 of Part   2 - 1, section   33, Divisions   5 and 6 of Part   2 - 1 and sections   142, 143, 169, 170 and 282 to 287 of the Proceeds of Crime Act do not apply in relation to a foreign restraining order registered under this Subdivision.

Note:   Division   3 of this Part   contains further provisions relating to registered foreign restraining orders.