MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34Y Applying for and making monitoring orders

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34Y

  (1)   If an authorised officer has been authorised under section   34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a monitoring order under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request, so long as the foreign serious offence is:

  (a)   an offence punishable by imprisonment for 3 or more years that:

  (i)   involves unlawful conduct relating to a narcotic substance; or

  (ii)   is a money laundering offence; or

  (iii)   involves unlawful conduct by a person that causes, or is intended to cause, a benefit to the value of at least $10,000 for that person or another person; or

  (iv)   involves unlawful conduct by a person that causes, or is intended to cause, a loss to the foreign country in question or another person of at least $10,000; or

  (b)   an offence involving the smuggling of migrants; or

  (c)   an offence involving failure to report financial transactions; or

  (d)   a cartel offence; or

  (e)   an offence involving terrorism; or

  (f)   an ancillary offence in respect of an offence referred to in paragraph   (a), (b), (c), (d) or (e).

  (2)   Part   3 - 4 of the Proceeds of Crime Act applies to the application, and to any monitoring order made as a result.

  (3)   It applies as if:

  (a)   references in that Part   to a serious offence were references to an offence of the kind referred to in paragraph   (1)(a), (b), (c), (d), (e) or (f); and

  (b)   disclosing the existence or the operation of the order for the purpose of complying with a person's obligations under section   34Z of this Act were a purpose specified in subsection   223(4) of the Proceeds of Crime Act.