Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34:p1
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34 (pt 1/2)
Character Range: 38504–41221

34  Requests for enforcement of foreign orders

 (1) If:
 (a) a foreign country requests the Attorney‑General to make arrangements for the enforcement of:
 (i) a foreign forfeiture order, made in respect of a foreign serious offence, against property that is reasonably suspected of being located in Australia; or
 (ii) a foreign pecuniary penalty order, made in respect of a foreign serious offence, where some or all of the property available to satisfy the order is reasonably suspected of being located in Australia; and
 (b) the Attorney‑General is satisfied that:
 (i) a person has been convicted of the offence; and
 (ii) the conviction and the order are not subject to further appeal in the foreign country;
the Attorney‑General may authorise the DPP, in writing, to apply for the registration of the order in a specified court.

 (2) If a foreign country that is specified in regulations made for the purposes of this subsection requests the Attorney‑General to make arrangements for the enforcement of:
 (a) a foreign forfeiture order that:
 (i) has the effect of forfeiting a person's property on the basis that the property is, or is alleged to be, the proceeds or an instrument of a foreign serious offence (whether or not a person has been convicted of that offence); and
 (ii) is made against property that is reasonably suspected of being located in Australia; or
 (b) a foreign pecuniary penalty order in respect of which both of the following apply:
 (i) the order has the effect of requiring a person to pay an amount of money on the basis that the money is, or is alleged to be, the benefit derived from a foreign serious offence (whether or not the person has been convicted of that offence);
 (ii) some or all of the property available to satisfy the order is reasonably suspected of being located in Australia;
the Attorney‑General may authorise the DPP, in writing, to apply for the registration of the order in a specified court.

 (3) If a foreign country requests the Attorney‑General to make arrangements for the enforcement of a foreign restraining order, against property that is reasonably suspected of being located in Australia, that is:
 (a) in any case—made in respect of a foreign serious offence for which a person has been convicted; or
 (b) if the foreign country is specified in regulations made for the purposes of subsection (2)—made in respect of the alleged commission of a foreign serious offence (whether or not the identity of the person who committed the offence is known);
the Attorney‑General may authorise the DPP, in writing, to apply for the registration of the order in a specified court.

 (4) The court that the Attorney‑General specifies under subsection (1),