Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34

  (1)   If:

  (a)   a foreign country requests the Attorney - General to make arrangements for the enforcement of:

  (i)   a foreign forfeiture order, made in respect of a foreign serious offence, against property that is reasonably suspected of being located in Australia; or

  (ii)   a foreign pecuniary penalty order, made in respect of a foreign serious offence, where some or all of the property available to satisfy the order is reasonably suspected of being located in Australia; and

  (b)   the Attorney - General is satisfied that:

  (i)   a person has been convicted of the offence; and

  (ii)   the conviction and the order are not subject to further appeal in the foreign country;

the Attorney - General may authorise a proceeds of crime authority, in writing, to apply for the registration of the order.

  (2)   If a foreign country requests the Attorney - General to make arrangements for the enforcement of:

  (a)   a foreign forfeiture order that:

  (i)   has the effect of forfeiting a person's property on the basis that the property is, or is alleged to be, the proceeds or an instrument of a foreign serious offence (whether or not a person has been convicted of that offence); and

  (ii)   is made against property that is reasonably suspected of being located in Australia; or

  (b)   a foreign pecuniary penalty order in respect of which both of the following apply:

  (i)   the order has the effect of requiring a person to pay an amount of money on the basis that the money is, or is alleged to be, the benefit derived from a foreign serious offence (whether or not the person has been convicted of that offence);

  (ii)   some or all of the property available to satisfy the order is reasonably suspected of being located in Australia;

the Attorney - General may authorise a proceeds of crime authority, in writing, to apply for the registration of the order.

  (3)   If a foreign country requests the Attorney - General to make arrangements for the enforcement of a foreign restraining order, against property that is reasonably suspected of being located in Australia, that is:

  (a)   made in respect of a foreign serious offence for which a person has been convicted or charged; or

  (b)   made in respect of the alleged commission of a foreign serious offence (whether or not the identity of the person who committed the offence is known);

the Attorney - General may authorise a proceeds of crime authority, in writing, to apply for the registration of the order.