Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p23
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 23/27)
Character Range: 57076–60178

whom an arrangement under section 39 is in force; or

         (c) a Magistrate of an external Territory (other than Norfolk Island).

64 Subsection 3(1) (definition of money laundering offence)

   Repeal the definition, substitute:

       money laundering offence, in relation to the proceeds of a serious offence, means an offence that is committed by a person:

         (a) engaging, directly or indirectly, in a transaction that involves money, or other property, that is proceeds of the offence; or

         (b) receiving, possessing, concealing, disposing of or bringing into a country money, or other property, that is proceeds of the offence;

     when the person knows that, or is reckless of whether or not, the money or other property is proceeds of a serious offence.

65 Subsection 3(1)

   Insert:

      proceeding, in relation to a criminal matter, includes a proceeding before a judicial officer or a jury for the purpose of:

(a) gathering evidential material that may lead to the laying of a criminal charge; or

(b) assessing evidential material in support of the laying of a criminal charge.

66 Subsection 3(1)

   Insert:

      public authority of a foreign country means any authority or body constituted by or under a law of a foreign country.

67 Subsection 3(1) (definition of State)

   Repeal the definition, substitute:

      State includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory.

68 Subsection 3(1) (definition of State Minister)

   Repeal the definition, substitute:

      State Minister means:

         (a) in relation to a State other than the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or

         (b) in relation to the Australian Capital Territory or the Northern Territory—a Minister of that Territory.

69 Subsection 3(1) (definition of Territory)

   Repeal the definition, substitute:

      Territory does not include:

       (a) the Australian Capital Territory; or

       (b) the Northern Territory.

70 Subsection 3(1) (definition of treaty)

    Omit agreement or arrangement", substitute "or agreement".

71 Paragraph 21 (1)(a)

    Repeal the paragraph, substitute:

        (a) a person is in Australia to give evidence in a proceeding:

           (i) because of a request under subsection 16(1); or

            (ii) because of a request (other than a request under that subsection) made by the Attorney-General for international assistance in a criminal matter; and

Note: The heading to section 21 is altered by inserting "or assistance" after "evidence".

72 After subsection 21(1)

   Insert:

   (1A) If:

       (a) a person is in Australia to give assistance in relation to an investigation:

          (i) because of a request under subsection 16(2); or

           (ii) because of a request (other than a request under that subsection) made by the Attorney-General for international assistance in a criminal matter; and

         (b) the person has given assistance in relation to the investigation to which the request related or in relation