Document ID: chunk:federal_register_of_legislation:C2023C00229:section:34y
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 34Y
Character Range: 121527–123235

34Y  Applying for and making monitoring orders
 (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 monitoring order under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request, so long as the foreign serious offence is:
 (a) an offence punishable by imprisonment for 3 or more years that:
 (i) involves unlawful conduct relating to a narcotic substance; or
 (ii) is a money laundering offence; or
 (iii) involves unlawful conduct by a person that causes, or is intended to cause, a benefit to the value of at least $10,000 for that person or another person; or
 (iv) involves unlawful conduct by a person that causes, or is intended to cause, a loss to the foreign country in question or another person of at least $10,000; or
 (b) an offence involving the smuggling of migrants; or
 (c) an offence involving failure to report financial transactions; or
 (d) a cartel offence; or
 (e) an offence involving terrorism; or
 (f) an ancillary offence in respect of an offence referred to in paragraph (a), (b), (c), (d) or (e).
 (2) Part 3‑4 of the Proceeds of Crime Act applies to the application, and to any monitoring order made as a result.
 (3) It applies as if:
 (a) references in that Part to a serious offence were references to an offence of the kind referred to in paragraph (1)(a), (b), (c), (d), (e) or (f); and
 (b) disclosing the existence or the operation of the order for the purpose of complying with a person's obligations under section 34Z of this Act were a purpose specified in subsection 223(4) of the Proceeds of Crime Act.