Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where the DPP is authorised, under the Mutual Assistance Act, to apply
for a restraining order under this Act against any property of a person in
respect of a foreign serious offence, the DPP may apply for the order
accordingly and this Division applies to the application and to any
restraining order made as a result of the application as if:
(a) a reference in subsection 43(1) to an indictable offence were a
reference to the foreign serious offence; and
(b) the reference in subsection 43(1) to the relevant Supreme Court
were a reference to the court specified in the DPP’s authorisation under
the Mutual Assistance Act; and
(c) a reference in this Division to a person charged or about to be
charged with an indictable offence were a reference to a person against whom a
criminal proceeding in respect of a foreign serious offence has commenced, or
is reasonably believed to be about to commence, in a foreign country; and
(d) the reference in paragraph 43(3)(b) to a person’s reasonable
expenses in defending a criminal charge included a reference to the
person’s reasonable expenses in being represented in a criminal
proceeding in a foreign country; and
(da) a reference in subsection 44(4) to the proposed charging of a
person with an offence were a reference to the proposed commencement of a
criminal proceeding in a foreign country against a person in respect of a
foreign serious offence; and
(e) a reference in this Division to a serious offence were a reference
to the foreign serious offence; and
(f) subsections 44(2), (5) and (6) and 48(3) and (4) and
sections 49, 50, 56 and 57 were omitted.
(2)
Where:
(a) a person (in this subsection referred to as the defendant ) has
been alleged, in a criminal proceeding in a foreign country, to have committed
a serious foreign offence;
(b) a court makes a restraining order under section 43 against
property in respect of the offence; and
(c) a person having an interest in the property applies to the court
under section 48 for an order varying the restraining order to exclude
the person’s interest from the restraining order;
the court shall grant
the application:
(d) where the applicant is not the defendant—if the court is
satisfied that:
(i) the applicant was not, in any way, involved in the commission of
the offence; and
(ii) where the applicant acquired the interest at the time of or after
the commission, or alleged commission, of the offence—the applicant
acquired the interest:
(A) for sufficient consideration; and
(B) without knowing, and in circumstances such as not to arouse a
reasonable suspicion, that the property was tainted property; or
(e) in any case—if the court is satisfied that it is in the
public interest to do so having regard to any financial hardship or other
consequence of the interest remaining subject to the order.
(3)
Subject to subsections (4) and (5), a restraining order made in
respect of a foreign serious offence ceases to have effect at the end of the
period of 30 days commencing on the day on which the order is made.
(4)
A court that makes a restraining order in respect of a foreign
serious offence may, on application made by the DPP before the end of the
period referred to in subsection (3), extend the period of operation of
the restraining order.
(5)
Where:
(a) a restraining order against property is made in respect of a
foreign serious offence; and
(b) before the end of the period referred to in subsection (3)
(including that period as extended under subsection (4)) a foreign
restraining order against the property is registered in a court in
the restraining order referred to in
paragraph (a) ceases to have effect upon the registration of the foreign
restraining order referred to in paragraph (b).