Document ID: chunk:federal_register_of_legislation:C2023C00229:section:34zb
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 34ZB
Character Range: 123757–125085

34ZB  Applying for and issuing search warrants
 (1) If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a search warrant under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request.
 (2) Part 3‑5 of the Proceeds of Crime Act applies to the application, and to any POCA search warrant issued as a result.
 (3) However, Part 3‑5 of the Proceeds of Crime Act applies as if:
 (a) a reference in that Part to tainted property were a reference to tainted property within the meaning of this Act; and
 (b) a reference in that Part to evidential material were a reference to evidential material as defined in subsection 3(1) of this Act for the purposes of this Subdivision; and
 (c) the words "or section 34ZD, 34ZE or 34ZF of the Mutual Assistance Act" were inserted after "this Act" in paragraph 254(1)(a) of the Proceeds of Crime Act; and
 (d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act were omitted.
Note: Sections 34ZC and 34ZCA of this Act also apply in relation to a POCA search warrant. Sections 34ZD to 34ZF of this Act also apply in relation to property or things seized under such a warrant.