Document ID: chunk:federal_register_of_legislation:C2021C00313:section:82
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 82
Character Range: 112751–114059

82  Applying for and making restraining orders
 (1) If the proceeds request involves the making of a restraining order, the Attorney‑General is to authorise a proceeds of crime authority to apply for a restraining order against the property concerned.
 (3) If so authorised, a proceeds of crime authority may apply for such a restraining order against that property in respect of the crime.
 (4) Part 2‑1 of the Proceeds of Crime Act applies to the application, and to any restraining order made as a result.
 (5) It applies as if:
 (a) references in that Part to an indictable offence were references to the crime that is the subject of the proceeds request; and
 (c) references in that Part to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a crime within the jurisdiction of the ICC has commenced in the ICC; and
 (d) references in that Part to it being proposed to charge a person with an indictable offence were references to it being reasonably suspected that criminal proceedings are about to commence against the person in the ICC in respect of a crime within the jurisdiction of the ICC; and
 (e) paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20A, 29, 29A and 44 to 45A of that Act were omitted.