Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34C

Applications by third parties

  (1)   If a court registers under section   34A a foreign forfeiture order against property, a person who:

  (a)   claims an interest in the property; and

  (b)   either:

  (i)   if the registration relates to an authorisation given under subsection   34(1)--was not convicted of a foreign serious offence in respect of which the order was made; or

  (ii)   if the registration relates to an authorisation given under subsection   34(2)--is not a person whom the court has reason to believe committed a foreign serious offence in respect of which the order was made;

may apply to the court for an order under subsection   (2).

Orders by the court

  (2)   If, on an application for an order under this subsection, the court is satisfied that:

  (a)   the applicant was not, in any way, involved in the commission of a foreign serious offence in respect of which the foreign forfeiture order was made; and

  (b)   if the applicant acquired the interest in the property at the time of or after the commission of such an offence--the property was neither proceeds nor an instrument of such an offence;

the court must make an order:

  (c)   declaring the nature, extent and value (as at the time when the order is made) of the applicant's interest in the property; and

  (d)   either:

  (i)   directing the Commonwealth to transfer the interest to the applicant; or

  (ii)   declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph   (c).

Certain people need leave to apply

  (3)   A person who was given notice of, or appeared at, the hearing held in connection with the making of the foreign forfeiture order is not entitled to apply under subsection   (1) unless the court gives leave.

  (4)   The court may give leave if satisfied that there are special grounds for doing so.

  (5)   Without limiting subsection   (4), the court may grant a person leave if the court is satisfied that:

  (a)   the person, for a good reason, did not attend the hearing referred to in subsection   (3) although the person had notice of the hearing; or

  (b)   particular evidence that the person proposes to adduce in connection with the proposed application under subsection   (1) was not available to the person at the time of the hearing referred to in subsection   (3).

Period for applying

  (6)   Unless the court gives leave, an application under subsection   (1) is to be made before the end of 6 weeks beginning on the day when the foreign forfeiture order is registered in the court.

  (7)   The court may give leave to apply outside that period if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.

Procedural matters

  (8)   A person who applies under subsection   (1) must give to the proceeds of crime authority authorised under section   34 notice, as prescribed, of the application.

  (9)   That proceeds of crime authority is to be a party to proceedings on an application under subsection   (1). The Attorney - General may intervene in the proceedings.