Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 40AP

Applying for and issuing search warrants

  (1)   An authorised officer may apply for a search warrant under the Proceeds of Crime Act 2002 in respect of the Tribunal offence that is the subject of the proceeds request, if authorised to do so by the Attorney - General under section   40AB.

  (2)   Part   3 - 5 of the Proceeds of Crime Act 2002 applies to the application, and to any POCA search warrant issued as a result.

  (3)   That Part applies as if:

  (a)   a reference in that Part to tainted property were a reference to proceeds of the Tribunal offence that is the subject of the proceeds request; and

  (b)   a reference in that Part to evidential material were a reference to evidential material as defined in section   4 of this Act for the purposes of this Subdivision; and

  (c)   the words "or section   40AS, 40AT or 40AU of the International War Crimes Tribunals Act 1995 " were inserted after "this Act" in paragraph   254(1)(a) of the Proceeds of Crime Act 2002 ; and

  (d)   paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections   256 to 262 of the Proceeds of Crime Act 2002 were omitted.

Note:   Sections   40AQ and 40AR of this Act also apply in relation to a POCA search warrant. Sections   40AS to 40AU of this Act also apply in relation to property or things seized under such a warrant.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback