Document ID: chunk:federal_register_of_legislation:C2018C00169:section:59:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 59 (pt 1/2)
Character Range: 172053–174725

59  Interim restraining order may be made in respect of foreign offence
 (1) Where the DPP is authorised, under the Mutual Assistance Act, to apply for a restraining order under this Act against any property of a person in respect of a foreign serious offence, the DPP may apply for the order accordingly and this Division applies to the application and to any restraining order made as a result of the application as if:
 (a) a reference in subsection 43(1) to an indictable offence were a reference to the foreign serious offence; and
 (b) the reference in subsection 43(1) to the relevant Supreme Court were a reference to the court specified in the DPP's authorisation under the Mutual Assistance Act; and
 (c) a reference in this Division to a person charged or about to be charged with an indictable offence were a reference to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced, or is reasonably believed to be about to commence, in a foreign country; and
 (d) the reference in paragraph 43(3)(b) to a person's reasonable expenses in defending a criminal charge included a reference to the person's reasonable expenses in being represented in a criminal proceeding in a foreign country; and
 (da) a reference in subsection 44(4) to the proposed charging of a person with an offence were a reference to the proposed commencement of a criminal proceeding in a foreign country against a person in respect of a foreign serious offence; and
 (e) a reference in this Division to a serious offence were a reference to the foreign serious offence; and
 (f) subsections 44(2), (5) and (6) and 48(3) and (4) and sections 49, 50, 56 and 57 were omitted.
 (2) Where:
 (a) a person (in this subsection referred to as the defendant) has been alleged, in a criminal proceeding in a foreign country, to have committed a serious foreign offence;
 (b) a court makes a restraining order under section 43 against property in respect of the offence; and
 (c) a person having an interest in the property applies to the court under section 48 for an order varying the restraining order to exclude the person's interest from the restraining order;
the court shall grant the application:
 (d) where the applicant is not the defendant—if the court is satisfied that:
 (i) the applicant was not, in any way, involved in the commission of the offence; and
 (ii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence—the applicant acquired the interest:
 (A) for sufficient consideration; and
 (B) without knowing, and in circumstances such as not to arouse a reasonable suspicion,