Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 157

Effect of order

  (1)   A forfeiture order registered in a court has effect, and may be enforced, as if it were an order made by the court under the Proceeds of Crime Act at the time of registration.

  (2)   In particular, section   68 of that Act applies in relation to the forfeiture order as if:

  (a)   the reference in subparagraph   68(1)(b)(i) of that Act to a proceeds of crime authority having applied for the order were a reference to the authority having applied for registration of the order under section   156 of this Act; and

  (b)   subparagraph   68(1)(b)(ii) of that Act were omitted.

  (3)   Subject to subsection   ( 4) and to section   158, property that is subject to a forfeiture order registered under this Part may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney - General or of a person authorised in writing by the Attorney - General for the purposes of this subsection.

  (4)   In giving a direction under subsection   ( 3), the Attorney - General or authorised person must consider any order by the ICC for the property that is subject to the forfeiture order to be transferred to the ICC Trust Fund.

  (5)   Sections   69 and 70, Divisions   5 to 7 of Part   2 - 2, Part   4 - 2 and sections   322 and 323 of the Proceeds of Crime Act do not apply in relation to an order registered under this Part.



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