Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34ze:p1
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34ZE (pt 1/2)
Character Range: 70060–72697

34ZE  Dealing with seized property (other than property‑tracking documents)

Property covered by this section

 (1) Property (other than a property‑tracking document) must be dealt with in accordance with this section if:
 (a) it has been seized under a search warrant issued under Part 3‑5 of the Proceeds of Crime Act in relation to a foreign serious offence; and
 (b) it has not been seized under paragraph 34ZC(1)(c).

General rule—property to be returned after 30 days

 (2) If, at the end of the period of 30 days after the day on which the property was seized:
 (a) neither a foreign restraining order, nor a foreign forfeiture order, in relation to the property has been registered in a court under Subdivision A; and
 (b) a restraining order has not been made under Subdivision B in respect of the property in relation to the foreign serious offence;
the head of the enforcement agency whose authorised officer seized the property must, unless subsection (3), (5) or (7) applies, arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

Effect of restraining orders being registered or obtained

 (3) If, before the end of that period:
 (a) a foreign restraining order in relation to the property is registered in a court under Subdivision A; or
 (b) a restraining order is made under Subdivision B in respect of the property in relation to the foreign serious offence;
the head of the enforcement agency whose authorised officer seized the property:
 (c) if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property—must arrange for the property to be given to the Official Trustee in accordance with the direction; or
 (d) if there is in force at the end of that period an order under subsection (6) in relation to the property—must arrange for the property to be retained until it is dealt with in accordance with another provision of this Act or the Proceeds of Crime Act.

 (4) If the property is subject to a direction of a kind referred to in paragraph (3)(c), the Proceeds of Crime Act applies to the property as if it were controlled property within the meaning of that Act.

Retaining property despite restraining orders

 (5) If, at a time when the property is in the possession of the head of 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