Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p22
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 22/27)
Character Range: 54382–57362

inform the Attorney-General that the thing has been so delivered; and

         (b) retain the thing pending the Attorney-General's direction under subsection (4) about how to deal with the thing; and

         (c) comply with any such direction that the Attorney-General gives.

      (4) The Attorney-General may, by written notice, give the Commissioner a direction about how to deal with the thing.

      (5) Without limiting the directions that may be given, a direction may require the Commissioner to send the thing to a foreign country.

(6) The Attorney-General must direct the Commissioner to return the thing if:

(a) the reason for its seizure no longer exists; or

         (b) it is decided that the thing is not to be used in evidence in a foreign country or in respect of a criminal proceeding in Australia;

      unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

38ZB Arrest of person released on bail

(1) If:

         (a) a person arrested under a warrant issued under the regulations has been released on bail by order of a Magistrate; and

         (b) a police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person;

       the police officer may, without warrant, arrest the person.

      (2) A person arrested under subsection (1) must, as soon as practicable, be brought before a Magistrate.

Part 6—Miscellaneous

60 Subsection 3(1) (definition of facsimile copy)

   Omit "by facsimile transmission", insert "or sent by fax".

61 Subsection 3(1)

   Insert:

       foreign organised fraud offence means an offence against the law of a foreign country that is committed by a person engaging in 2 or more acts or omissions:

         (a) each of which constitutes an offence of defrauding, or conspiring to defraud, the government or a public authority of the foreign country; and

         (b) from which the person derives substantial benefit (within the meaning of the Proceeds of Crime Act).

62 Subsection 3(1) (definition of Governor)

   Repeal the definition, substitute:

       Governor means:

         (a) in relation to the Australian Capital Territory—the Chief Minister of the Territory; or

         (b) in relation to the Northern Territory—the Administrator of the Territory.

63 Subsection 3(1) (definition of Magistrate)

   Repeal the definition, substitute:

       Magistrate means:

         (a) a Magistrate of a State in respect of whom an arrangement under section 39 is in force; or

         (b) a Magistrate of Norfolk Island in respect of whom an arrangement under section 39 is in force; or

         (c) a Magistrate of an external Territory (other than Norfolk Island).

64 Subsection 3(1) (definition of money laundering offence)

   Repeal the definition, substitute:

       money laundering offence, in relation to the