Part 4—Other requests by ICC

Division 4—Identifying or locating persons or things

63 Assistance in identifying or locating persons or things
(1) This section applies if:
(a) the ICC requests assistance in locating, or identifying and locating, a person or thing; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person or thing is or may be in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, the making of inquiries for the purpose of locating, or identifying and locating, the person or thing.
(3) If the Attorney-General authorises the making of such inquiries, an appropriate authority is to locate, or identify and locate, the person or thing.
(4) The authority is to notify the Attorney-General of the result of the inquiries.
(5) This section does not give to any person a power to enter premises.

Division 5—Taking evidence or producing documents or articles

64 Attorney-General may authorise taking of evidence or the production of documents or articles
(1) This section applies if:
(a) the ICC requests that:
(i) evidence be taken in Australia; or
(ii) documents or other articles in Australia be produced; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) there are reasonable grounds for believing that the evidence can be taken, or the documents or other articles can be produced, as the case may be, in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing:
(a) the taking of evidence or production of documents or other articles; and
(b) the sending of evidence, documents or other articles to the ICC.

Part 4—Other requests by ICC

Division 5A—Providing law enforcement agency material

69A Authorising provision of material obtained by law enforcement agencies
(1) The Attorney-General may authorise, in writing, the provision of material to the ICC if:
(a) the ICC has requested the material; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) if the material is or includes lawfully intercepted information or interception warrant information—the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and
(iii) the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.
(2) The authorisation may:
(a) specify the uses to which the material can be put by the ICC; and
(b) include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the ICC.
(3) Material lawfully obtained in Australia includes:
(a) material obtained from individuals or entities by consent; and
(b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.

Division 6—Questioning of person being investigated or prosecuted

70 Assistance in questioning persons
(1) This section applies if:
(a) the ICC requests assistance in questioning a person; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation of the person that is being conducted by the Prosecutor or to a prosecution of the person before the ICC; and
(ii) the person is or may be in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, the questioning of the person.
(3) If the Attorney-General authorises the questioning of the person, a magistrate is to ask the person in writing to appear before the magistrate at a specified time and place for the purpose of being questioned.
(4) If the person appears before the magistrate:
(a) the magistrate, a police officer or the DPP may ask the person questions to which the request relates; and
(b) the magistrate must cause a record in writing, or in another form that the magistrate considers to be appropriate in the circumstances, to be made of the questions asked and any answers given; and
(c) the magistrate must certify the correctness of the record; and
(d) the magistrate must cause the record so certified to be sent to the Attorney-General.
(5) If the person refuses or fails to appear before the magistrate, the magistrate is to notify the Attorney-General in writing of the refusal or failure.

Part 4—Other requests by ICC

Division 7—Service of documents

72 Assistance in arranging service of documents
(1) This section applies if:
(a) the ICC requests assistance in arranging for the service of a document in Australia; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person is or may be in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, the service of the document.
(3) If the Attorney-General authorises the service of the document, an appropriate authority is to:
(a) cause the document to be served:
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Australia, or no procedure is specified—in accordance with Australian law; and send to the Attorney-General a certificate stating that the document has been served; or
(b) if the document is not served—send to the Attorney-General a statement of the matters that prevented service.
(4) In this section:
document includes:
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused person that has been issued under paragraph 7 of article 58 of the Statute.
(5) If:
(a) a document that is served on a person pursuant to an authority given under this section is a summons referred to in subsection (4); and
(b) the person fails to comply with the summons; the person commits an offence punishable, on conviction, by imprisonment for a period not exceeding 12 months.

Division 8—Facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC

73 Persons (other than prisoners) assisting investigation or giving evidence
(1) This section applies if:
(a) the ICC requests assistance in facilitating the voluntary appearance of a person as a witness or expert before the ICC; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person’s appearance is requested so that the person can assist the investigation or give evidence at the proceeding; and
(iii) the person is in Australia and is not a prisoner; and
(iv) the person has consented in writing to assisting the investigation or giving evidence at the proceeding.
(2) The Attorney-General is to execute the request by making arrangements for the travel of the person to the ICC.

Division 9—Temporary transfer of prisoners to the ICC

74 Prisoners assisting investigation or giving evidence
(1) This section applies if:
(a) the ICC requests assistance in facilitating the temporary transfer of a person to the ICC; and
(b) the person is a prisoner who is in Australia (whether or not in custody); and
(c) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the prisoner’s attendance is requested for the purpose of assisting the investigation or giving evidence at the proceeding; and
(iii) the prisoner has consented in writing to assisting the investigation or giving evidence at the proceeding; and
(iv) the prisoner will be returned without delay by the ICC to Australia when the purposes of the transfer have been fulfilled.
(2) If the prisoner is being held in custody, the Attorney-General is to execute the request by:
(a) if the prisoner is a federal prisoner and is not also a State prisoner—directing that the prisoner be released from prison for the purpose of travelling to the ICC to assist the investigation or give evidence at the proceeding; or
(b) if the prisoner is a federal prisoner and also a State prisoner—directing, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of such travel; or
(c) if the prisoner is a State prisoner and is not also a federal prisoner—seeking any approvals required to be obtained from an authority of the relevant State; and, in any case, subject to the giving of any necessary directions or the obtaining of any necessary approvals relevant to release of the prisoner, making arrangements for such travel in the custody of a police officer, or prison officer, appointed by the Attorney-General for the purpose.
(3) If the prisoner, having been released from custody on parole, is not being held in custody, the Attorney-General is to execute the request by:
(a) if the prisoner is a federal prisoner and is not also a State prisoner:
(i) approving the travel of the prisoner to the ICC to assist the investigation or give evidence at the proceeding; and
(ii) obtaining such parole decisions as may be required; or
(b) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any parole decisions required to be obtained from an authority of the relevant State:
(i) approving the travel of the prisoner to the ICC to assist the investigation or give evidence at the proceeding; and
(ii) obtaining such parole decisions as may be required; or
(c) if the prisoner is a State prisoner and is not also a federal prisoner:
(i) approving the travel of the prisoner to the ICC to assist the investigation or give evidence at the proceeding; and
(ii) seeking such parole decisions under the law of the relevant State as may be required; and, in any case, subject to the obtaining of any necessary parole decisions, making arrangements for the travel of the prisoner to the ICC.
(4) In this section:
parole includes any order or licence to be at large.
parole decision means any approval, authority or permission relating to parole, and includes any variation of parole.

Part 4—Other requests by ICC

Division 10—Examination of places or sites

76 Assistance in examining places or sites
(1) This section applies if:
(a) the ICC requests assistance in examining places or sites in Australia; and
(b) the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
(2) The Attorney-General is to execute the request by authorising, in writing, the examination of the places or sites.
(3) If the Attorney-General authorises the examination of a place or site, an appropriate authority is to:
(a) examine the place or site in the way sought in the request; and
(b) make such report on the examination as the authority considers appropriate in the circumstances; and
(c) send the report to the Attorney-General.
(4) An authorisation under this section confers power on a person acting under the authorisation to enter a place or site for the purpose of examining it.

Division 10A—Forensic procedures

76A Authorising application for carrying out of forensic procedures
(1) The Attorney-General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:
(a) the ICC has requested the procedure to be carried out on the person; and
(b) the Attorney-General is satisfied:
(i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) that the person is, or is believed to be, in Australia; and
(iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and
(iv) that the ICC has given any other undertakings that the Attorney-General considers necessary; and
(v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and
(vi) if subsection (2) applies—of the matters in that subsection; and
(c) in the case of the person being a suspect, the constable is an authorised applicant.
(2) If the person is a child or an incapable person, the matters are:
(a) that either:
(i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or
(ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and
(b) that, having regard to the best interests of the person, it is appropriate to make the authorisation.
(3) In this section: authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914. suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

76B Providing forensic evidence to the ICC
(1) The Attorney-General may direct a constable about how forensic evidence is to be provided to the ICC if:
(a) the Attorney-General gave an authorisation to the constable under subsection 76A(1); and
(b) the forensic evidence resulted from the authorisation.
(2) A direction under subsection (1) is not a legislative instrument.

Division 11—Search and seizure

77 Attorney-General may authorise applications for search warrants
(1) This section applies if:
(a) the ICC makes a request to the Attorney-General compliance with which may involve the issue of a search warrant in relation to evidential material; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) there are reasonable grounds to believe that the material is in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, a police officer to apply to a magistrate of the State or Territory in which that material is believed to be located for a search warrant.

78 Applications for search warrants
(1) If:
(a) a police officer is authorised under section 77 to apply for a search warrant; and
(b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;
the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material.
(2) If:
(a) a police officer is authorised under section 77 to apply for a search warrant; and
(b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession;
the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material.
(3) For the purposes of this section, the applicable period is:
(a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116—48 hours; or
(b) otherwise—72 hours.

Division 11A—Stored communications

78A Authorising application for a stored communications warrant
The Attorney-General may authorise, in writing, the Australian Federal Police, or the police force or police service of a State, to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 if:
(a) the Attorney-General is satisfied that:
(i) an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and
(ii) there are reasonable grounds to believe that stored communications relevant to the investigation or proceeding are held by a carrier; and
(b) the ICC has requested the Attorney-General to arrange for access to the stored communications.

Division 11B—Prospective telecommunications data

78B Authorising an authorisation for the disclosure of prospective telecommunications data
(1) The Attorney-General may authorise, in writing, the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979 for the disclosure of information or documents if:
(a) the ICC has requested the Attorney-General to arrange for the disclosure of the information or documents; and
(b) the information or documents come into existence during a period specified by the ICC, and which started on or after the day the request was made; and
(c) the Attorney-General is satisfied that:
(i) an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and
(ii) the information or documents relate to the fact of a communication passing over a telecommunications system during that period.
(2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication.

Division 12—Provision of records or documents

79 Facilitating the provision of records or documents
(1) This section applies if:
(a) the ICC requests assistance for the provision of records or documents, including official records or official documents; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the records or documents are or may be in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, the provision of the records or documents.
(3) If the Attorney-General authorises the provision of records or documents, an appropriate authority is to:
(a) locate and make available the records or documents; and
(b) make such report on his or her efforts as he or she considers to be appropriate in the circumstances; and
(c) send to the Attorney-General the report and any of the records or documents that are located.
(4) This section does not give to any person power to require the production of a record or document.

Division 12A—Requests for surveillance devices

79A Authorising applications for surveillance device warrants
(1) The Attorney-General may authorise, in writing, an eligible law enforcement officer to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if:
(a) the ICC has requested the Attorney-General to arrange for the use of a surveillance device; and
(b) the Attorney-General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and
(c) the Attorney-General is satisfied that the ICC has given appropriate undertakings for:
(i) ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the ICC; and
(ii) the destruction of a document or other thing containing information obtained as a result of the use of the device; and
(iii) any other matter the Attorney-General considers appropriate.
(2) An eligible law enforcement officer is a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Division 12B—Requests for access to data held in computers

79B Authorising applications for computer access warrants
(1) The Attorney-General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if:
(a) the ICC has requested the Attorney-General to arrange for the access to data held in a computer (the target computer); and
(b) the Attorney-General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and
(c) the Attorney-General is satisfied that the ICC has given appropriate undertakings for:
(i) ensuring that data obtained as a result of access under the warrant will only be used for the purpose for which it is communicated to the ICC; and
(ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and
(iii) any other matter the Attorney-General considers appropriate.
(2) The target computer may be any one or more of the following:
(a) a particular computer;
(b) a computer on particular premises;
(c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
(3) In this section:
computer has the same meaning as in the Surveillance Devices Act 2004.
data has the same meaning as in the Surveillance Devices Act 2004.
data held in a computer has the same meaning as in the Surveillance Devices Act 2004. eligible law enforcement officer means a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Division 13—Protecting victims and witnesses and preserving evidence

80 Protecting victims and witnesses and preserving evidence
(1) This section applies if:
(a) the ICC requests assistance in protecting victims or witnesses or preserving evidence; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the assistance sought is not prohibited by Australian law.
(2) The Attorney-General is to execute the request by authorising, in writing, the provision of the assistance.
(3) If the Attorney-General authorises the provision of the assistance, an appropriate authority is to:
(a) give effect to the request; and
(b) prepare such report on his or her efforts as he or she considers to be appropriate in the circumstances; and
(c) send the report to the Attorney-General.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision D—Notices to financial institutions

88 Giving notices to financial institutions
(1) A senior police officer may give a written notice to a financial institution requiring the institution to provide to an authorised officer any information or documents relevant to any one or more of the following:
(a) determining whether an account is held by a specified person with the financial institution;
(b) determining whether a particular person is a signatory to an account;
(c) if a person holds an account with the institution, the current balance of the account;
(d) details of transactions on such an account over a specified period of up to 6 months;
(e) details of any related accounts (including names of those who hold those accounts);
(f) a transaction conducted by the financial institution on behalf of a specified person.
(2) The senior police officer must not issue the notice unless he or she reasonably believes that giving the notice is required:
(a) to determine whether to take any action under this Division,
or under the Proceeds of Crime Act in connection with the operation of this Division; or
(b) in relation to proceedings under this Division, or under the Proceeds of Crime Act in connection with the operation of this Division.
(3) A senior police officer is a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act.

89 Contents of notices to financial institutions
The notice must:
(a) state that the officer giving the notice believes that the notice is required:
(i) to determine whether to take any action under this Division, or under the Proceeds of Crime Act in connection with the operation of this Division; or
(ii) in relation to proceedings under this Division, or under the Proceeds of Crime Act in connection with the operation of this Division; (as the case requires); and
(b) specify the name of the financial institution; and
(c) specify the kind of information or documents required to be provided; and
(d) specify the form and manner in which that information or those documents are to be provided; and
(e) state that the information or documents must be provided within 14 days after the day on which the notice is received; and
(f) if the notice specifies that information about the notice must not be disclosed—set out the effect of section 92 (disclosing existence or nature of a notice); and
(g) set out the effect of section 93 (failing to comply with a notice).

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 1—Requests by Australia
12 Requests by Australia
(1) Australia may request the appropriate authority of a foreign country:
(a) to arrange for:
(i) evidence to be taken in the foreign country; or
(ii) a document or other article in the foreign country to be produced;
for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and
(aa) if subparagraph (a)(i) applies—to arrange for a tape recording to be made of the evidence to be taken; and
(b) to arrange for the evidence (and if paragraph (aa) applies, the tape recording or a copy of it), document or other article to be sent to Australia.
(2) To remove any doubt, it is stated that:
(a) any evidence may be taken; or
(b) any document or other article may be obtained;
in the foreign country even though, under Australian law:
(c) the evidence could not have been taken; or
(d) the document or other article could not have been obtained;
by using in the circumstances processes similar to those used in the foreign country.
(3) When making a request under subsection (1), Australia may also request that an opportunity be given for the person giving evidence, or producing the document or other article, to be examined or cross examined in person, or through a video link from Australia, by:
(a) any party to the proceeding or that party’s legal representative; or
(b) any person being investigated or that person’s legal representative.

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13 Requests by foreign countries for the taking of evidence or the production of documents
(1) This section applies if a foreign country (the requesting country) requests:
(a) any of the following:
(i) that evidence be taken in Australia;
(ii) that evidence be taken in Australia and a tape recording be made of the evidence taken;
(iii) that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or
(b) that documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding).
(1A) The Attorney General may, by writing in accordance with the approved form, authorise:
(a) the taking of the evidence and its transmission to the requesting country; or
(b) the production of the documents or other articles and their transmission to the requesting country.
(2) If the Attorney General gives an authorisation under subsection (1A):
(a) in the case of the taking of evidence—a Magistrate or eligible Federal Circuit Court Judge may do all or any of the following:
(i) take evidence on oath or affirmation of the witness appearing before the Magistrate or Judge to give evidence in relation to the matter;
(ii) direct that all or part of the proceeding be conducted in private;
(iii) require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;
(iv) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;
(v) subject to subsection 13AB(1), require the production of documents or other articles;
(vi) take such action as the Magistrate or Judge considers appropriate to facilitate the foreign proceeding;
(vii) perform any other function required by the regulations; or
(b) in the case of the production of documents or other articles—a Magistrate or eligible Federal Circuit Court Judge may, subject to subsection 13AB(1), require the production of the documents or other articles and, where the documents or other articles are produced, a Magistrate or eligible Federal Circuit Court Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney General.
Note 1: Subparagraph (2)(a)(i)—see also subsection (2C).
Note 2: Subparagraphs (2)(a)(ii), (iii) and (iv)—see also subsection (2B).
(2A) However, a Magistrate or eligible Federal Circuit Court Judge may not make a ruling about the admissibility of evidence in a foreign proceeding.
(2B) If a Magistrate or eligible Federal Circuit Court Judge is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate or Judge:
(a) may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and
(b) may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and
(c) may administer an oath or affirmation.
(2C) If a Magistrate or eligible Federal Circuit Court Judge takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate or Judge must:
(a) if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate or Judge and cause the tape recording, or a copy of it, to be sent to the Attorney General; and
(b) in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate or Judge and cause the writing so certified to be sent to the Attorney General.
(2D) If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate or eligible Federal Circuit Court Judge requires the production of documents or other articles under subparagraph (2)(a)(v), a Magistrate or eligible Federal Circuit Court Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney General.
(3) The evidence of such a witness may be taken in the presence or absence of the person to whom the proceeding in the requesting country relates or of his or her legal representative (if any).
(4) The Magistrate or eligible Federal Circuit Court Judge conducting a proceeding under subsection (2) may permit:
(a) the person to whom the proceeding in the requesting country relates;
(b) any other person giving evidence or producing documents or other articles at the proceeding before the Magistrate or Judge; and
(c) the relevant authority of the requesting country;
to have legal representation at the proceeding before the Magistrate or Judge.
(4A) If the requesting country has so requested, the Magistrate or eligible Federal Circuit Court Judge conducting a proceeding under subsection (2) may permit:
(a) any person to whom the proceeding in the requesting country relates or that person’s legal representative; or
(b) the legal representative of the relevant authority of the requesting country;
to examine or cross examine in person, or through a video link from the requesting country, any person giving evidence or producing a document or other article, at the proceeding.
(4B) For the purposes of Part III of the Crimes Act 1914:
(a) the proceeding before the Magistrate or eligible Federal Circuit Court Judge is a judicial proceeding; and
(b) evidence taken from a witness on oath or affirmation is testimony given in a judicial proceeding.
(5) The certificate by the Magistrate or eligible Federal Circuit Court Judge under subsection (2) shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:
(a) the person to whom the proceeding in the requesting country relates or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles or his or her legal representative (if any).

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13A Requests by foreign countries for provision of material lawfully obtained
(1) If:
(a) a foreign country (the requesting country) has commenced an investigation into, or proceedings in relation to, a serious offence against the laws of that country; and
(b) that foreign country requests the provision of material relevant to that investigation or those proceedings; and
(c) the Attorney General is satisfied that the material requested is:
(i) material lawfully obtained by an enforcement agency in Australia; and
(ii) material lawfully in the possession of that enforcement agency;
the Attorney General may, by writing in accordance with the approved form, authorise the provision of that material to the requesting country.
(2) The Attorney General may only authorise the provision to the requesting country of material specified in column 1 of the following table if the request relates to a serious offence against the laws of that country specified in column 2 of the table:

Offences for which provision of particular material may be authorised
Item Column 1 Column 2
1 material that is or includes protected information a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty
2 material that is or includes lawfully accessed information or stored communications warrant information a serious offence punishable by a maximum penalty of:
(a) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(b) a fine of an amount that is at least equivalent to 900 penalty units
3 material that is or includes lawfully intercepted information or interception warrant information (a) a serious offence punishable by a maximum penalty of imprisonment for 7 years or more, imprisonment for life or the death penalty; or
(b) a cartel offence punishable by a maximum penalty of a fine of an amount that is at least equivalent to $10,000,000

Part III—Assistance in relation to search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
Where:
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney General to arrange for the evidential material to be obtained;
the Attorney General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Federal Circuit Court Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.

Part IIIB—Assistance in relation to telecommunications data
15D Requests by foreign countries for telecommunications data
(1) This section applies if:
(a) a foreign country requests the disclosure of specified information or specified documents that come into existence during a specified period; and
(b) the information or documents relate to the fact of a communication passing over a telecommunications system.
(2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system:
(a) if the information is the contents or substance of a communication; or
(b) to the extent that the documents contain the contents or substance of a communication.
(3) The Attorney General may authorise the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979, of a disclosure of information or documents to which this section applies, if he or she is satisfied that:
(a) an investigation relating to a criminal matter involving an offence against the law of the foreign country has commenced in that country; and
(b) the offence:
(i) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(ii) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979.

Part IV—Arrangements for persons to give evidence or assist investigations
Division 2—Requests by foreign countries
26 Requests for giving of evidence at hearings in foreign countries
(1) Where:
(a) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a federal prisoner or a State prisoner who is in Australia (whether or not in custody);
(c) there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the proceeding; and
(d) the Attorney General is satisfied that:
(i) the prisoner has consented to giving evidence in the foreign country; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion:
(e) in a case where the prisoner is being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding;
(ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding; and
(iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney General for the purpose; or
(f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
(ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and
(iii) in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.
(2) Where:
(a) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a person (not being a federal prisoner or a State prisoner) who is in Australia;
(c) there are reasonable grounds to believe that the person is capable of giving evidence relevant to the proceeding; and
(d) the Attorney General is satisfied that:
(i) the person has consented to giving evidence in the foreign country; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person give evidence in the foreign country are:
(a) that the person shall not:
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or
(iii) be required to give evidence in any proceeding in the foreign country other than the proceeding to which the request relates;
unless:
(iv) the person has left the foreign country; or
(v) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving evidence in the proceeding to which the request relates;
(b) that any evidence given by the person in the proceeding to which the request relates will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence;
(c) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney General;
(d) in a case where the person is being held in custody in Australia and the Attorney General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:
(i) the making of appropriate arrangements for that purpose;
(ii) that the person will not be released from custody in the foreign country unless the Attorney General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the proceeding to which the request relates will be paid for by the foreign country; and
(e) such other matters (if any) as the Attorney General thinks appropriate.

Part IV—Arrangements for persons to give evidence or assist investigations
Division 2—Requests by foreign countries
27 Requests for assistance in relation to investigations in foreign countries
(1) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the removal of a federal prisoner or a State prisoner who is in Australia (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and
(d) the Attorney General is satisfied that:
(i) the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion:
(e) in a case where the prisoner is being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation;
(ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country for the purpose of giving assistance in relation to the investigation; and
(iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney General for the purpose; or
(f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
(ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and
(iii) in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.
(2) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests that a person (not being a federal prisoner or a State prisoner) who is in Australia travel to the foreign country to give assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the person is capable of giving assistance in relation to the investigation; and
(d) the Attorney General is satisfied that:
(i) the person has consented to travel to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person be removed to, or travel to, the foreign country for the purpose of giving assistance in relation to an investigation are:
(a) that the person shall not:
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or
(iii) be required to give evidence in any proceeding in the foreign country;
unless:
(iv) the person has left the foreign country; or
(v) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving assistance in relation to the investigation to which the request relates;
(b) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney General;
(c) in a case where the person is being held in custody in Australia and the Attorney General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:
(i) the making of appropriate arrangements for that purpose;
(ii) that the person will not be released from custody in the foreign country unless the Attorney General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the investigation to which the request relates will be paid for by the foreign country; and
(d) such other matters (if any) as the Attorney General thinks appropriate.

Part IVA—Forensic procedures
Division 1—Requests by Australia
28A Requests by Australia for forensic procedures
(1) If:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.
(2) If:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.
(3) To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.
(4) Subsection (5) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.
(5) The thing obtained by the foreign country:
(a) is not inadmissible in evidence in the proceeding; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.

Part IVA—Forensic procedures
Division 2—Requests by foreign countries
28B Requests by foreign countries for forensic procedures
(1) If a foreign country requests that a forensic procedure be carried out on a person, the Attorney General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914, to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection.
(2) The Attorney General must not authorise a constable under subsection (1) unless the Attorney General is satisfied of the following matters:
(a) a request has been made by a foreign country that a forensic procedure be carried out on a person;
(b) unless the person is a child or an incapable person—the foreign country has:
(i) started investigating whether the person has committed a foreign serious offence against its laws; or
(ii) started proceedings against the person for a foreign serious offence;
(c) the person is, or is believed to be, in Australia;
(d) the foreign country has given:
(i) appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and
(ii) any other undertakings that the Attorney General considers necessary;
(e) unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;
(f) if the person is a child or an incapable person, the matters specified in subsection (3).
(3) If the person is a child or an incapable person, the Attorney General must:
(a) be satisfied that either of the following applies:
(i) the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;
(ii) the parent or guardian is a suspect in relation to the foreign serious offence; and
(b) believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.

Part V—Custody of persons in transit
29 Transit
(1) If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purposes of:
(a) giving evidence in a proceeding; or
(b) giving assistance in relation to an investigation;
relating to a criminal matter in the other foreign country, the person:
(c) may be transported through Australia in the custody of another person; and
(d) if an aircraft or ship by which the person is being transported lands or calls at a place in Australia—shall be kept in such custody as the Attorney General directs in writing until his or her transportation is continued.
(2) Where a person who is being held in custody pursuant to a direction under paragraph (1)(d) and the person’s transportation is not, in the opinion of the Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the foreign country from which the person was first transported .

Part VI—Proceeds of crime
Division 2—Requests by foreign countries
Subdivision A—Enforcement of foreign orders
33A Object of Subdivision
(1) The object of this Subdivision is to facilitate international cooperation in the recovery of property through the registration and enforcement of foreign orders in Australia.
(2) For the purpose of achieving this object, it is the intention of the Parliament that the validity of foreign orders not be examined.

Part VI—Proceeds of crime
Division 2—Requests by foreign countries
Subdivision A—Enforcement of foreign orders
34 Requests for enforcement of foreign orders
(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.

Part VI—Proceeds of crime
Division 2—Requests by foreign countries
Subdivision A—Enforcement of foreign orders
34A Registration of foreign orders
(1A) An application to a court for registration of a foreign order in accordance with an authorisation under this Subdivision must be to a court with proceeds jurisdiction.
(1) If a proceeds of crime authority applies to a court with proceeds jurisdiction for registration of a foreign order in accordance with an authorisation under this Subdivision, the court must register the order accordingly, unless the court is satisfied that it would be contrary to the interests of justice to do so.
(2) The proceeds of crime authority must give notice of the application:
(a) to specified persons the authority has reason to suspect may have an interest in the property; and
(b) to such other persons as the court directs.
(3) However, the court may consider the application without notice having been given if the proceeds of crime authority requests the court to do so.
(4) If a foreign pecuniary penalty order or a foreign restraining order is registered in a court under this Subdivision:
(a) a copy of any amendments made to the order (whether before or after registration) may be registered in the same way as the order; and
(b) the amendments do not, for the purposes of this Act and the Proceeds of Crime Act, have effect until they are registered.
(5) An order or an amendment of an order is to be registered in a court by the registration, in accordance with the rules of the court, of:
(a) a copy of the appropriate order or amendment sealed by the court or other authority making that order or amendment; or
(b) a copy of that order or amendment duly authenticated in accordance with subsection 43(2).

34B Enforcement of foreign forfeiture orders
(1) A foreign forfeiture order registered in a court under this Subdivision has effect, and may be enforced, as if it were a forfeiture order made by the court under the Proceeds of Crime Act at the time of registration.
(2) In particular, section 68 of the Proceeds of Crime Act applies in relation to the forfeiture order as if:
(a) the reference in subparagraph 68(1)(b)(i) of that Act to a proceeds of crime authority having applied for the order were a reference to the foreign forfeiture order having been made; and
(b) subparagraph 68(1)(b)(ii) of that Act did not apply if the person in question died after the authority applied for registration of the order under section 34A of this Act.
(3) Subject to section 34C, property that is subject to a foreign forfeiture order registered under this Subdivision may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney General or of a person authorised by the Attorney General in writing for the purposes of this subsection.
(4) Sections 69 and 70 and Divisions 5 to 7 of Part 2 2 of the Proceeds of Crime Act do not apply in relation to a foreign forfeiture order registered under this Subdivision.

34D Enforcement of foreign pecuniary penalty orders
(1) A foreign pecuniary penalty order registered in a court under this Subdivision has effect, and may be enforced, as if it were a pecuniary penalty order that:
(a) was made by the court under the Proceeds of Crime Act at the time of registration; and
(b) requires the payment to the Commonwealth of the amount payable under the order.
(2) Any amount paid (whether in Australia, in the foreign country in which the order was made or elsewhere) in satisfaction of the foreign pecuniary penalty order is taken to have been paid in satisfaction of the debt that arises because of the registration of the foreign pecuniary penalty order in that court.
(3) Division 5 of Part 2 4 of the Proceeds of Crime Act does not apply in relation to a foreign pecuniary penalty order registered under this Subdivision.

Part VI—Proceeds of crime
Division 2—Requests by foreign countries
Subdivision F—Search warrants relating to foreign serious offences
34ZB Applying for and issuing search warrants
(1) If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a search warrant under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request.
(2) Part 3 5 of the Proceeds of Crime Act applies to the application, and to any POCA search warrant issued as a result.
(3) However, Part 3 5 of the Proceeds of Crime Act applies as if:
(a) a reference in that Part to tainted property were a reference to tainted property within the meaning of this Act; and
(b) a reference in that Part to evidential material were a reference to evidential material as defined in subsection 3(1) of this Act for the purposes of this Subdivision; and
(c) the words “or section 34ZD, 34ZE or 34ZF of the Mutual Assistance Act” were inserted after “this Act” in paragraph 254(1)(a) of the Proceeds of Crime Act; 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 were omitted.
Note: Sections 34ZC and 34ZCA of this Act also apply in relation to a POCA search warrant. Sections 34ZD to 34ZF of this Act also apply in relation to property or things seized under such a warrant.

34ZC Contents of POCA search warrants
A POCA search warrant in relation to a foreign serious offence must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant, in the course of the search if the authorised officer or person assisting believes on reasonable grounds that:
(a) the property or thing:
(i) is tainted property of the foreign serious offence that is not of a kind specified in the warrant; or
(ii) is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or
(iii) is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or
(iv) is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or
(v) will afford evidence as to the commission of an Australian criminal offence; and
(b) the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.
Note: Subject to paragraph 34ZB(3)(d), the POCA search warrant must also state the matters set out in section 227 of the Proceeds of Crimes Act.
34ZCA Seizure of certain property or things found in the course of search
A POCA search warrant in relation to a foreign serious offence authorises an authorised officer, or a person assisting in relation to the warrant, to seize property or a thing found by the authorised officer or person assisting in the course of the search if the authorised officer or person assisting believes on reasonable grounds that:
(a) the property or thing:
(i) is tainted property of the foreign serious offence that is not of a kind specified in the warrant; or
(ii) is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or
(iii) is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or
(iv) is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or
(v) will afford evidence as to the commission of an Australian criminal offence; and
(b) the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.
Note: Subject to paragraph 34ZB(3)(d), the POCA search warrant also authorises the things set out in section 228 of the Proceeds of Crimes Act.

34ZD Return of seized property to third parties
(1) A person who claims an interest in property that has been seized under a POCA search warrant in relation to a foreign serious offence may apply to a court for an order that the property be returned to the person.
(2) The court must be a court of the State or Territory in which the POCA search warrant was issued that has proceeds jurisdiction.
(3) The court must order the responsible enforcement agency head to return the property to the applicant if the court is satisfied that:
(a) the applicant is entitled to possession of the property; and
(b) the property is not tainted property of the relevant foreign serious offence; and
(c) the person who is believed or alleged to have committed the relevant foreign serious offence has no interest in the property.
(4) If the court makes such an order, the responsible enforcement agency head must arrange for the property to be returned to the applicant.
(5) This section does not apply to property that has been seized under a POCA search warrant because:
(a) it is evidential material; or
(b) it is property of a kind referred to in subparagraph 34ZCA(a)(iv) or (v).

34ZE Dealing with certain seized property
(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.

34ZF Dealing with evidential material and certain property or things seized under POCA search warrants
(1) This section applies if:
(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a foreign serious offence; and
(b) the seized item is:
(i) evidential material; or
(ii) property or a thing of a kind referred to in subparagraph 34ZCA(a)(iv); and
(c) the seized item is seized by a person (the seizing officer) who is:
(i) an authorised officer; or
(ii) a person assisting in relation to the warrant.
(2) The seizing officer may retain the seized item for a period not exceeding 1 month pending a written direction from the Attorney General as to how to deal with the seized item.
(3) Without limiting the directions that may be given under subsection (2), the Attorney General may direct the seizing officer to send the seized item to an authority of the foreign country that requested the assistance referred to in section 34ZG in relation to the foreign serious offence.