Commonwealth Numbered Acts

INTERNATIONAL WAR CRIMES TRIBUNALS (CONSEQUENTIAL AMENDMENTS) ACT 1995 No. 19 of 1995 - SCHEDULE 1

                                  SCHEDULE                     Section 3

AMENDMENTS OF ACTS Director of Public Prosecutions Act 1983
Paragraph 6(1)(k): After " Extradition Act 1988" insert ", the
International War Crimes  Tribunals Act 1995 ".
Paragraph 9(6A)(b): After " Extradition Act 1988" insert ", the
International War Crimes  Tribunals Act 1995 ". Migration Act 1958
After subparagraph 54A(a)(i): Insert:

"(ia) the International War Crimes Tribunals Act 1995; or".
After subparagraph 54C(b)(i): Insert:

"(ia) the International War Crimes Tribunals Act 1995; or".
Proceeds of Crime Act 1987
Division 2A of Part II: Omit the heading, substitute:

"Division 2A-Registered foreign and international forfeiture orders".
Section 23: Repeal the section, substitute: Registered foreign and
international forfeiture orders

"23.(1) If:

   (a)  a foreign forfeiture order is registered in a court in Australia under
        the Mutual Assistance Act; or

   (b)  an order is registered in a court in Australia under section 46 of the
        International War Crimes Tribunals Act 1995; Division 2 applies in
        relation to the order as if subsections 19(5) and 20(3), (4), (5) and
        (6) and sections 21 and 22 were omitted.

"(2) If:

   (a)  a foreign forfeiture order against property is registered in a court
        in Australia under the Mutual Assistance Act; or

   (b)  an order against property is registered in a court in Australia under
        section 46 of the International War Crimes Tribunals Act 1995; the
        property may, subject to section 23A, be disposed of, or otherwise
        dealt with, in accordance with any direction of the Attorney-General
        or of a person authorised by the Attorney-General in writing for the
        purposes of this subsection.".
After subsection 23A(1): Insert:

"(1A) This section also applies if a court registers under section 46 of the
International War Crimes Tribunals Act 1995 an order against property.".
Subsection 23A(2): After "registering the" insert "foreign or international
forfeiture".
Paragraph 23A(2)(a): Omit "serious", substitute "or international".
Subsection 23A(3):

   (a)  Omit "serious", substitute "or international".

   (b)  After "which the foreign" insert "or international".
Subsection 23A(4): After "foreign" insert "or international".
Paragraph 23A(7)(a):

   (a)  Omit "serious", substitute "or international".

   (b)  After "which the foreign" insert "or international".
Subparagraph 23A(7)(b)(ii): Omit "serious", substitute "or international".
Subsection 23A(8): After "foreign" insert "or international".
Section 23A: Add at the end:

"(12) In this section:
'foreign or international forfeiture order' means:

   (a)  the foreign forfeiture order mentioned in subsection (1) in relation
        to which this section applies; or

   (b)  the order mentioned in subsection (1A) in relation to which this
        section applies; as the case may be;
'foreign or international offence' means:

   (a)  a foreign serious offence; or

   (b)  a Tribunal offence within the meaning of the International War  Crimes
        Tribunals Act 1995 ; as the case requires.".
Subparagraph 34C(1)(a)(ii): After "forfeiture order" insert ", an order
registered under section 46 of the International War Crimes Tribunals Act
1995". Telecommunications (Interception) Act 1979
Paragraph 5B(g): Omit "or".
Section 5B: Add at the end:

"; or (i) a proceeding under Division 1 of Part 4 of the International  War
Crimes Tribunals Act 1995 .".

NOTE ABOUT SECTION HEADING 1. On the commencement of section 3 of this Act,
the heading to section 23A of the Proceeds of Crime Act 1987 is altered by
inserting "or international" after "foreign".