Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34l
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34L
Character Range: 54055–55174

34L  Excluding property from restraining orders

  If:
 (a) a person (the defendant) has been alleged, in a criminal proceeding in a foreign country, to have committed a foreign serious offence; and
 (b) a court makes a restraining order under Part 2‑1 of the Proceeds of Crime Act against property in respect of the offence; and
 (c) a person having an interest in the property applies to the court under Division 3 of Part 2‑1 of that Act for an order varying the restraining order to exclude the person's interest from the restraining order;
the court must grant the application if the court is satisfied that:
 (d) in a case where the applicant is not the defendant:
 (i) the applicant was not, in any way, involved in the commission of the offence; and
 (ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence—the property was neither proceeds nor an instrument of the offence; or
 (e) in any case—it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.