PROCEEDS OF CRIME ACT 1987 - SECT 59 Interim restraining order may be made in respect of foreign offence

PROCEEDS OF CRIME ACT 1987 - SECT 59

  (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 Australia under the Mutual Assistance Act;

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).