Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p25
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 25/27)
Character Range: 62445–65450

a law of the Commonwealth or of a Territory were references to arrest under section 31 of this Act.

79 Paragraph 35(1)(c)

Omit "under the Proceeds of Crime Act".

80 Subsection 35(1)

   Omit "(within the meaning of the Proceeds of Crime Act) for the search warrant requested by the foreign country", substitute "under the Proceeds of Crime Act for a search warrant in relation to that tainted property".

81 Paragraph 36(1)(a)

   Repeal the paragraph, substitute:

         (a) a criminal proceeding has commenced, or there are reasonable grounds to believe that a criminal proceeding is about to commence, in a foreign country in respect of a serious offence; and

82 Paragraph 36(1)(c)

Omit "under the Proceeds of Crime Act".

83 Subsection 36(1)

   Omit "the restraining order requested by the foreign country", substitute "a restraining order under the Proceeds of Crime Act against that property in respect of the offence".

84 Subparagraphs 37(1)(c)(i) and (ii)

Repeal the subparagraphs, substitute:

            (i) an order requiring that the document be produced or made available for inspection in accordance with Australian law; or

(ii) a search warrant in respect of the offence;

85 Subsection 37(1)

Omit all the words after "specified court", substitute: for:

         (d) a production order under the Proceeds of Crime Act in respect of the offence for the purpose of obtaining possession of the property-tracking document; or

         (e) a search warrant under that Act in relation to the property-tracking document;

as the case requires.

86 At the end of subparagraph 37(3)(a)(i)

Add "or".

87 After subparagraph 37(3)(a)(i)

Insert:

(ia) a foreign organised fraud offence; or

88 Subparagraph 37(3)(a)(ii)

After "narcotics offence", insert "or a foreign organised fraud offence".

89 Subparagraph 37(3)(a)(iii)

After "(i)", insert ", (ia)".

90 Paragraph 37(3)(c)

Omit "a monitoring order under the Proceeds of Crime Act", substitute "an order".

91 Paragraph 37(3)(c)

Omit "to the Australian Federal Police".

92 Subsection 37(3)

   Omit all the words after "specified court for", substitute "a monitoring order under the Proceeds of Crime Act in respect of the offence for the purpose of obtaining the information requested by the foreign country".

93 Part VII

Repeal the Part.

94 After subsection 39(2)

   Insert:

      (2A) The Governor-General may make arrangements with the Administrator of Norfolk Island with respect to the administration of this Act, including arrangements for the performance of the functions of a Magistrate under this Act by a Magistrate of Norfolk Island.

      (2B) The Governor-General may arrange with the Administrator of Norfolk Island for the variation or revocation of an arrangement in force under subsection (2A).

95 Subsection 39(3)

    Omit "subsection (1) or (2)", substitute "this section".

   Note: The heading to section 39 is replaced by the heading "Arrangements with Governors of States and Administrator of