Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34b
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34B
Character Range: 42693–43919

34B  Enforcement of foreign forfeiture orders

 (1) A foreign forfeiture order registered in a court under this Subdivision has effect, and may be enforced, as if it were a forfeiture order made by the court under the Proceeds of Crime Act at the time of registration.

 (2) In particular, section 68 of the Proceeds of Crime Act 2002 applies in relation to the forfeiture order as if:
 (a) the reference in subparagraph 68(1)(b)(i) of that Act to the DPP having applied for the order were a reference to the foreign forfeiture order having been made; and
 (b) subparagraph 68(1)(b)(ii) of that Act did not apply if the person in question died after the DPP applied for registration of the order under section 34A of this Act.

 (3) Subject to section 34C, property that is subject to a foreign forfeiture order registered under this Subdivision may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney‑General or of a person authorised by the Attorney‑General in writing for the purposes of this subsection.

 (4) Sections 69 and 70 and Divisions 5 to 7 of Part 2‑2 of the Proceeds of Crime Act do not apply in relation to a foreign forfeiture order registered under this Subdivision.