Document ID: chunk:federal_register_of_legislation:C2023C00229:section:34e
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 34E
Character Range: 107411–109086

34E  Enforcement of foreign restraining orders
 (1) A foreign restraining order registered in a court under this Subdivision has effect, and may be enforced, as if it were a restraining order that:
 (a) was made by the court under the Proceeds of Crime Act at the time of the registration; and
 (b) directed that the property specified in the order is not to be disposed of or otherwise dealt with by any person.
 (2) In particular:
 (a) section 288 of that Act applies as if:
 (i) the reference in that section to the Official Trustee's exercise of powers under that Act included a reference to the Official Trustee's exercise of those powers in relation to a foreign restraining order so registered; and
 (ii) the reference in that section to the Official Trustee's performance of functions or duties under that Act included a reference to the Official Trustee's performance of those functions or duties in relation to such a foreign restraining order; and
 (b) section 289 of that Act applies as if the reference in that section to controlled property included a reference to property that is subject to an order under section 35; and
 (c) section 290 of that Act applies as if the reference in that section to the controlled property were a reference to the property that is subject to an order under section 35.
 (3) Divisions 1, 2 and 3 of Part 2‑1, section 33, Divisions 5 and 6 of Part 2‑1 and sections 142, 143, 169, 170 and 282 to 287 of the Proceeds of Crime Act do not apply in relation to a foreign restraining order registered under this Subdivision.
Note: Division 3 of this Part contains further provisions relating to registered foreign restraining orders.