Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p26
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 26/27)
Character Range: 65181–68104

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 Norfolk Island".

96 Subsection 40(1)

    Omit ", either generally or as otherwise provided by the instrument of delegation,", substitute "(including his or her powers under section 10)".

97 Subsection 40(1)

    Omit ", other than this power of delegation or his or her powers under section 8".

98 Subsections 40(2) and (3)

    Repeal the subsections.

99 Paragraph 43(2)(b)

    Omit "to be authenticated by the oath of a witness or an officer of the Government of the foreign country or".

100 Subsection 43A(2)

    Omit "paragraph (1)(b)", substitute "subsection (1)".

Part 7—Saving provision

101 Regulations under subsection 7(2)

     Any regulations:

        (a) made under subsection 7(2) of the Mutual Assistance in Criminal Matters Act 1987 as in force immediately before the commencement of item 3 in this Schedule; and

        (b) making provision to the effect that that Act applies to a country, or to a number of countries, subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect, in whole or in part, to a particular mutual assistance treaty;

     continue in force on and after the commencement of that item, and may be amended or repealed, as if they were regulations made under subsection 7(2) of that Act as amended by that item.

       Schedule 2—Amendment of the Financial Transaction Reports Act 1988

1 Paragraph 27(1)(d)

   Omit "to which the Mutual Assistance in Criminal Matters Act 1987 applies because of regulations made under subsection 7(2A) of that Act", substitute "for international assistance in a criminal matter".

       Schedule 3—Amendment of the Proceeds of Crime Act 1987

1 Subsection 59(1)

   After "under this Act", insert "against any property of a person".

2 At the end of paragraphs 59(1)(a) and (b)

   Add "and".

3 Paragraph 59(1)(c)

   Repeal the paragraph, substitute:

         (c) a reference in this Division to a person charged or about to be charged with an indictable offence were a reference to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced, or is reasonably believed to be about to commence, in a foreign country; and

4 At the end of paragraph 59(1)(d)

   Add "and".

5 After paragraph 59(1)(d)

   Insert:

         (da) a reference in subsection 44(4) to the proposed charging of a person with an offence were a reference to the proposed commencement of a criminal proceeding in a foreign country against a person in respect of a foreign serious offence; and

6 Paragraph 59(1)(f)

   Omit "(4),"

[Minister's second reading speech made in—
    House of Representatives on