Document ID: chunk:federal_register_of_legislation:C2025C00034:section:338:p11
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 338 (pt 11/16)
Character Range: 574391–577155

for a *principal order, or a principal order, or to an application, proceedings, function, order, power or duty related to, or arising out of, such an application or order, means:
 (a) in the case of an application for a principal order:
 (i) the *proceeds of crime authority that made the application; or
 (ii) if responsibility for the application has been transferred under section 315B—the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section; or
 (b) in the case of a principal order:
 (i) the proceeds of crime authority that made the application for the order; or
 (ii) if responsibility for that application, or the order, has been transferred under section 315B—the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section.
Note 1: The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in this section). Either authority may start and conduct proceedings under this Act.
Note 2: Section 315B provides that responsibility for an application for a principal order, or for a principal order, may be transferred between the 2 proceeds of crime authorities.
responsible custodian has the meaning given by subsection 254(2).
restraining order means an order under section 17, 18, 19, 20 or 20A that is in force.
search warrant means a warrant issued under section 225 that is in force.
seize, for a *digital asset, has a meaning affected by subsection 228A(6).
self‑governing Territory means:
 (a) the Australian Capital Territory; or
 (b) the Northern Territory.
senior Departmental officer means an SES employee or acting SES employee in the Department.
serious offence means:
 (a) an *indictable offence punishable by imprisonment for 3 or more years, involving:
 (i) unlawful conduct relating to a *narcotic substance; or
 (ia) unlawful conduct constituted by or relating to a breach of Part 9.1 of the Criminal Code (serious drug offences); or
 (ii) unlawful conduct constituted by or relating to a breach of section 81 of the Proceeds of Crime Act 1987 or Part 10.2 of the Criminal Code (money‑laundering); or
 (iii) unlawful conduct by a person that causes, or is intended to cause, a *benefit to the value of at least $10,000 for that person or another person; or
 (iv) unlawful conduct by a person that causes, or is intended to cause, a loss to the Commonwealth or another person of at least $10,000; or
 (aa) unlawful conduct by a person that consists of an indictable offence (the 3 year offence) punishable by imprisonment for 3 or more years and one or more other indictable offences that, taken together with the