Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 59

59. (1) Where the DPP is authorised, under the Mutual Assistance Act, to apply
for a restraining order under this Act in respect of a foreign serious
offence, the DPP may apply for the order accordingly and this Division applies
to the application and to any restraining order made as a result of the
application as if:

   (a)  a reference in subsection 43 (1) to an indictable offence were a
        reference to the foreign serious offence;

   (b)  the reference in subsection 43 (1) to the relevant Supreme Court were
        a reference to the court specified in the DPP's authorisation under
        the Mutual Assistance Act;

   (c)  a reference in this Division to a person being charged with an
        indictable offence were a reference to the commencement in a foreign
        country of a criminal proceeding in which it is alleged that the
        person committed the foreign serious offence;

   (d)  the reference in paragraph 43(3) (b) to a person's reasonable expenses
        in defending a criminal charge included a reference to the person's
        reasonable expenses in being represented in a criminal proceeding in a
        foreign country;

   (e)  a reference in this Division to a serious offence were a reference to
        the foreign serious offence; and

   (f)  subsections 44 (2), (4), (5) and (6) and 48 (3) and (4) and sections 
        49 , 50, 53 and 57 were omitted.

(2) Where:
(a) a person (in this subsection referred to as the "defendant") has been
alleged, in a criminal proceeding in a foreign country, to have committed a
serious foreign offence;

   (b)  a court makes a restraining order under section 43 against property in
        respect of the offence; and

   (c)  a person having an interest in the property applies to the court under
        section 48 for an order varying the restraining order to exclude the
        person's interest from the restraining order; the court shall grant
        the application:

   (d)  where the applicant is not the defendant-if the court is satisfied
        that:

        (i)    the applicant was not, in any way, involved in the commission
               of the offence; and

        (ii)   where the applicant acquired the interest at the time of or
               after the commission, or alleged commission, of the offence-the
               applicant acquired the interest:

                (A)  for sufficient consideration; and

                (B)  without knowing, and in circumstances such as not to
                     arouse a reasonable suspicion, that the property was
                     tainted property; or

   (e)  in any case-if the court is satisfied that it is in the public
        interest to do so having regard to any financial hardship or other
        consequence of the interest remaining subject to the order.

(3) Subject to subsections (4) and (5), a restraining order made in respect of
a foreign serious offence ceases to have effect at the end of the period of 30
days commencing on the day on which the order is made.

(4) A court that makes a restraining order in respect of a foreign serious
offence may, on application made by the DPP before the end of the period
referred to in subsection (3), extend the period of operation of the
restraining order.

(5) Where:

   (a)  a restraining order against property is made in respect of a foreign
        serious offence; and

   (b)  before the end of the period referred to in subsection (3) (including
        that period as extended under subsection (4) ) a
        foreign restraining order against the property is registered in a
        court in Australia under the Mutual Assistance Act; the
        restraining order referred to in paragraph (a) ceases to have effect
        upon the registration of the foreign restraining order referred to in
        paragraph (b).