Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 82

Applying for and making restraining orders

  (1)   If the proceeds request involves the making of a restraining order, the Attorney - General is to authorise a proceeds of crime authority to apply for a restraining order against the property concerned.

  (3)   If so authorised, a proceeds of crime authority may apply for such a restraining order against that property in respect of the crime.

  (4)   Part   2 - 1 of the Proceeds of Crime Act applies to the application, and to any restraining order made as a result.

  (5)   It applies as if:

  (a)   references in that Part to an indictable offence were references to the crime that is the subject of the proceeds request ; and

  (c)   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 crime within the jurisdiction of the ICC has commenced in the ICC; and

  (d)   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 ICC in respect of a crime within the jurisdiction of the ICC; and

  (e)   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.



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