Document ID: chunk:federal_register_of_legislation:C2023C00229:section:3:p3
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 3 (pt 3/10)
Character Range: 15404–18060

of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed, in respect of an offence;
whether arising under Australian law or a law of a foreign country.
criminal proceeding, in relation to an offence, means a trial of a person for the offence or a committal proceeding in respect of the offence.
eligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.
enforcement agency has the same meaning as in the Proceeds of Crime Act.
evidential material means:
 (a) in Subdivision F of Division 2 of Part VI—evidence relating to:
 (i) property in relation to which a foreign forfeiture order or foreign restraining order has been or could be made; or
 (ii) property of a person in relation to whom a foreign pecuniary penalty order has been or could be made; or
 (iii) tainted property; or
 (iv) benefits derived from the commission of a foreign serious offence; or
 (b) otherwise—a thing relevant to a proceeding or investigation, including such a thing in electronic form.
executing officer, in relation to a warrant, means:
 (a) the police officer named in the warrant, by the Magistrate or eligible Judge who issued the warrant, as being responsible for executing the warrant; or
 (b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or
 (c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
federal prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of the Commonwealth or of a Territory, but does not include a person who is at large after having escaped from lawful custody.
financial institution has the same meaning as in the Proceeds of Crime Act.
foreign confiscation proceedings means proceedings in a foreign country in respect of the making of a foreign forfeiture order or a foreign pecuniary penalty order.
foreign forfeiture order means:
 (a) an order, made under the law of a foreign country by a court or other judicial authority, for the forfeiture of property in respect of an offence against the law of that country; or
 (b) a declaration, direction, notice, decree or other decision (however described), made under the law of a foreign country by a court or other judicial authority, evidencing