Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZE

  (1)   Property must be dealt with in accordance with this section if:

  (a)   it has been seized under a POCA search warrant in relation to a foreign serious offence; and

  (b)   it is not:

  (i)   evidential material; or

  (ii)   property of a kind referred to in subparagraph   34ZCA(a)(iv) or (v).

General rule--property to be returned after 30 days

  (2)   If, at the end of the period of 30 days after the day on which the property was seized:

  (a)   neither a foreign restraining order, nor a foreign forfeiture order, in relation to the property has been registered in a court under Subdivision   A; and

  (b)   a restraining order has not been made under Subdivision   B in respect of the property in relation to the foreign serious offence;

the responsible enforcement agency head must, unless subsection   (3), (5) or (7) applies, arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

Effect of restraining orders being registered or obtained

  (3)   If, before the end of that period:

  (a)   a foreign restraining order in relation to the property is registered in a court under Subdivision   A; or

  (b)   a restraining order is made under Subdivision   B in respect of the property in relation to the foreign serious offence;

the responsible enforcement agency head:

  (c)   if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property--must arrange for the property to be given to the Official Trustee in accordance with the direction; or

  (d)   if there is in force at the end of that period an order under subsection   (6) in relation to the property--must arrange for the property to be retained until it is dealt with in accordance with another provision of this Act or the Proceeds of Crime Act.

  (4)   If the property is subject to a direction of a kind referred to in paragraph   (3)(c), the Proceeds of Crime Act applies to the property as if it were controlled property within the meaning of that Act.

Retaining property despite restraining orders

  (5)   If, at a time when the property is in the possession of the responsible enforcement agency head:

  (a)   a foreign restraining order in respect of the property has been registered in an Australian court under Subdivision   A; or

  (b)   a restraining order has been made under Subdivision   B in respect of the property in relation to the foreign serious offence;

the responsible enforcement agency head may apply to the court in which the restraining order was registered, or by which the restraining order was made, for an order that the responsible enforcement agency head retain possession of the property.

  (6)   If the court is satisfied that the responsible enforcement agency head requires the property to be dealt with in accordance with:

  (a)   a request under section   34 that the restraining order be registered; or

  (b)   a request under section   34J that the restraining order be obtained;

the court may make an order that the responsible enforcement agency head may retain the property for so long as the property is so required.

Effect of foreign forfeiture orders being registered or obtained

  (7)   If, while the property is in the possession of the responsible enforcement agency head, a foreign forfeiture order in respect of the property is registered in a court under Subdivision   A, the responsible enforcement agency head must deal with the property as required by the forfeiture order.