Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34j
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34J
Character Range: 51160–52313

34J  Requests for restraining orders

 (1) If:
 (a) either:
 (i) a criminal proceeding has commenced, or there are reasonable grounds to suspect that a criminal proceeding is about to commence, in a foreign country in respect of a foreign serious offence; or
 (ii) a foreign country is specified in regulations made for the purposes of subsection 34(2), and foreign confiscation proceedings have commenced, or there are reasonable grounds to suspect that such proceedings are about to commence, in the foreign country; and
 (b) there are reasonable grounds to believe that property that may be made or is about to be made the subject of a foreign restraining order is located in Australia; and
 (c) the foreign country requests the Attorney‑General to obtain the issue of a restraining order against the property;
the Attorney‑General may authorise the DPP to apply to a specified court for a restraining order against that property in respect of the offence.

 (2) The court specified must be a court with proceeds jurisdiction in a State or Territory in which the property, or some or all of the property, is reasonably suspected of being located.