Document ID: chunk:federal_register_of_legislation:C2018C00169:section:42:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 42 (pt 3/3)
Character Range: 123611–125487

has been seized pursuant to a warrant issued under section 36 in respect of a foreign serious offence;
 (b) either:
 (i) a foreign restraining order in respect of the property has been registered in an Australian court under the Mutual Assistance Act; or
 (ii) a restraining order is made under this Act in respect of the property in relation to the foreign serious offence; and
 (c) at the time when the restraining order is registered or made, the property is in the possession of the Commissioner;
the Commissioner 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 Commissioner retain possession of the property and the court may, if satisfied that the property is required by the Commissioner to be dealt with in accordance with a request under the Mutual Assistance Act by the foreign country that requested the registration of, or the obtaining of, the restraining order, make an order that the Commissioner may retain the property for so long as the property is so required.
 (8) Where:
 (a) property has been seized under a warrant issued under section 36 in respect of a foreign serious offence; and
 (b) while the property is in the possession of the Commissioner a foreign forfeiture order in respect of the property is registered in a court in Australia under the Mutual Assistance Act;
the Commissioner shall deal with the property as required by the forfeiture order.
 (9) Where:
 (a) a warrant is issued under section 36 in respect of a foreign serious offence; and
 (b) property is seized pursuant to the warrant because it may afford evidence as to the commission of a criminal offence;
the property shall, for the purposes of subsections (3), (4), (5), (6) and (7) of this section, be taken not to be property seized pursuant to the warrant.

Division 2—Restraining orders