Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34k
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34K
Character Range: 52313–54055

34K  Applying for and making restraining orders

 (1) If so authorised, the DPP may apply for such a restraining order against that property in respect of the offence.

 (2) Part 2‑1 of the Proceeds of Crime Act applies to the application, and to any restraining order made as a result.

 (3) It applies as if:
 (a) references in that Part to an indictable offence were references to the foreign serious offence; and
 (b) references in that Part to a court with proceeds jurisdiction were references to the court specified in the DPP's authorisation under section 34J of this Act; and
 (c) in a case to which subparagraph 34J(1)(a)(i) applies:
 (i) references in that Part to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced in a foreign country; and
 (ii) references in that Part to it being proposed to charge a person with an indictable offence were a reference to it being reasonably suspected that criminal proceedings are about to commence in respect of a foreign serious offence against the person in a foreign country; and
 (iii) paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20, 29, 44 and 45 of that Act were omitted; and
 (d) in a case to which subparagraph 34J(1)(a)(ii) applies in relation to a foreign country:
 (i) references in that Part to reasonable grounds to suspect that a person has committed a serious offence were references to reasonable grounds to suspect that such proceedings have commenced, or are about to commence, in the foreign country; and
 (ii) section 17, paragraphs 18(1)(e) and (f), subsection 18(3) and sections 19, 20, 29, 44 and 45 of that Act were omitted.