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.