Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34ze:p2
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34ZE (pt 2/2)
Character Range: 72443–73813

the enforcement agency whose authorised officer seized the property:
 (a) a foreign restraining order in respect of the property has been registered in an Australian court under Subdivision A; or
 (b) a restraining order has been made under Subdivision B in respect of the property in relation to the foreign serious offence;
the head of the enforcement agency may apply to the court in which the restraining order was registered, or by which the restraining order was made, for an order that the head of the enforcement agency retain possession of the property.

 (6) If the court is satisfied that the head of the enforcement agency requires the property to be dealt with in accordance with:
 (a) a request under section 34 that the restraining order be registered; or
 (b) a request under section 34J that the restraining order be obtained;
the court may make an order that the head of the enforcement agency may retain the property for so long as the property is so required.

Effect of foreign forfeiture orders being registered or obtained

 (7) If, while the property is in the possession of the head of the enforcement agency whose authorised officer seized it, a foreign forfeiture order in respect of the property is registered in a court under Subdivision A, the head of the enforcement agency must deal with the property as required by the forfeiture order.