Document ID: chunk:federal_register_of_legislation:C2018C00493:section:40ac
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 40AC
Character Range: 65174–66478

40AC  Applying for and making restraining orders
 (1) If the proceeds request involves the making of a restraining order, the Attorney‑General may authorise a proceeds of crime authority to apply for a restraining order against the property concerned.
 (2) If so authorised, a proceeds of crime authority may apply for such a restraining order against that property in respect of the Tribunal offence.
 (3) Part 2‑1 of the Proceeds of Crime Act 2002 applies to the application, and to any restraining order made as a result.
 (4) That Part applies as if:
 (a) references in that Part to an indictable offence were references to the Tribunal offence that is the subject of the proceeds request; and
 (b) references in that Part to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a Tribunal offence has commenced in the Tribunal; and
 (c) references in that Part to it being proposed to charge a person with an indictable offence were references to it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence; and
 (d) paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20A, 29, 29A and 44 to 45A of that Act were omitted.