Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34ZB

  (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.