ACTIn ForceRegulation
Court Procedures Rules
3454Foreign confiscation orders—proceedings for
Start here
Get a plain-English read of 3454
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
3454 Foreign confiscation orders—proceedings for
(1) An application for registration of a foreign confiscation order, or an
amendment of a foreign confiscation order, must—
(a) be made by originating application; and
Rule 3454
(b) if the application relates to a forfeiture order within the meaning
of the International War Crimes Tribunals Act 1995 (Cwlth)—
be accompanied by an affidavit by the plaintiff setting out
particulars necessary to enable the court to comply with that Act,
section 45 (1).
Note Section 45 (1) requires the court, on registration of the order, to
direct the Commonwealth director of public prosecutions to give
notice of registration ‘to specified persons…the court has reason to
believe may have an interest in the property [that is the subject of
the order]’.
(2) The person against whom the foreign confiscation order was made
must be named as the defendant to the application.
(3) The application may be made without notice to anyone unless the
(5) If the application asks for the application to be dealt with under this
subrule, the court may make an order for registration of the foreign
confiscation order or amendment in closed court and in the absence
(6) If the court makes an order for registration of a foreign confiscation
order, or an amendment of a foreign confiscation order, the plaintiff
must serve on the defendant—
(a) a sealed copy of the order for registration; and
(b) a certified copy of the registered foreign confiscation order or
registered amendment of a foreign confiscation order.
Interstate confiscation orders—registration Division 3.7.2
Rule 3455