Commonwealth Consolidated Acts

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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 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.



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