Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:2_34x
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 2 cl 34X
Character Range: 62810–64614

34X  Requests for monitoring orders

 (1) If:
 (a) a criminal proceeding or criminal investigation has commenced in a foreign country in respect of a foreign serious offence referred to in subsection (2); and
 (b) information about transactions conducted through an account with a financial institution in Australia is reasonably suspected of being relevant to the proceeding or investigation; and
 (c) the foreign country requests the Attorney‑General to obtain the issue of an order directing the financial institution to give information about transactions conducted through the account;
the Attorney‑General may authorise an authorised officer of an enforcement agency to apply to a judge of a specified court for a monitoring order under the Proceeds of Crime Act in respect of the offence for the purpose of obtaining the information requested by the foreign country.

 (2) These are foreign serious offences to which paragraph (1)(a) applies:
 (a) an offence punishable by imprisonment for 3 or more years that:
 (i) involves unlawful conduct relating to a narcotic substance; or
 (ii) is a money laundering offence; or
 (iii) involves 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) involves unlawful conduct by a person that causes, or is intended to cause, a loss to the foreign country in question or another person of at least $10,000;
 (b) an offence involving the smuggling of migrants;
 (c) an offence involving failure to report financial transactions;
 (d) an ancillary offence in respect of an offence referred to in paragraph (a), (b) or (c).

 (3) The court specified must be a court of a State or Territory that has jurisdiction to deal with criminal matters on indictment.