Document ID: chunk:federal_register_of_legislation:C2023C00229:section:34ze:p1
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 34ZE (pt 1/2)
Character Range: 129019–131628

34ZE  Dealing with certain seized property
 (1) Property must be dealt with in accordance with this section if:
 (a) it has been seized under a POCA search warrant in relation to a foreign serious offence; and
 (b) it is not:
 (i) evidential material; or
 (ii) property of a kind referred to in subparagraph 34ZCA(a)(iv) or (v).

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 responsible enforcement agency head 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 responsible enforcement agency head:
 (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 responsible enforcement agency head:
 (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 in respect of the property in relation to the foreign serious offence;
the responsible enforcement agency head may apply to the court in which the restraining order was registered, or by which