Part I
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Commonwealth act
This Act is Australia’s framework for assisting and being assisted by other countries in criminal investigations and prosecutions, enabling evidence sharing, searches, surveillance, transfers and asset orders across borders. It affects individuals, businesses, and governments whose data, property or liberty may be compelled or targeted, and matters because the Attorney‑General holds broad discretion over cooperation and key safeguards.
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Direct links to the current provisions in Mutual Assistance in Criminal Matters Act 1987.
This Act may be cited as the Mutual Assistance in Criminal Matters Act 1987.
(1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day or days fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
account has the same meaning as in the Proceeds of Crime Act.
agent has the same meaning as in the Proceeds of Crime Act.
ancillary offence, in relation to an offence (in this definition called the main offence), means:
(a) an offence of conspiring to commit the main offence; or
(b) an offence of aiding, abetting, inciting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence; or
(c) an offence of receiving or assisting another person in order to enable the person to escape punishment for, or to dispose of the proceeds of, the main offence; or
(d) an offence of attempting to commit the main offence.
approved form means a form approved by the Attorney‑General in writing for the purposes of the provision in which the expression occurs.
Australia, when used in a geographical sense, includes the external Territories.
Australian forfeiture order means:
(a) a forfeiture order within the meaning of a proceeds of crime law; or
(aa) a declaration made under section 95 of the Proceeds of Crime Act; or
(ab) a declaration made under subsection 30(8A) of the Proceeds of Crime Act 1987; or
(b) an interstate forfeiture order within the meaning of the Proceeds of Crime Act; or
(c) an order or declaration, made under Australian law, that:
(i) orders the forfeiture of property in respect of an offence against Australian law or declares that property has been forfeited in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian forfeiture order for the purposes of this Act.
Australian law means the laws of the Commonwealth, the States and the Territories.
Australian literary proceeds order means:
(a) a literary proceeds order within the meaning of the Proceeds of Crime Act; or
(b) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian literary proceeds order for the purposes of this Act.
Australian pecuniary penalty order means:
(a) a pecuniary penalty order within the meaning of a proceeds of crime law; or
(b) an interstate pecuniary penalty order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian pecuniary penalty order for the purposes of this Act.
Australian restraining order means:
(a) a restraining order within the meaning of a proceeds of crime law (other than a restraining order made by virtue of section 59 of the Proceeds of Crime Act 1987 or section 34K of this Act); or
(b) an interstate restraining order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) restrains a particular person, or all persons, from dealing with property; and
(ii) is, in accordance with the regulations, to be taken to be an Australian restraining order for the purposes of this Act.
authorised officer has the same meaning as in the Proceeds of Crime Act.
benefit has the same meaning as in the Proceeds of Crime Act.
carrier has the same meaning as in the Telecommunications (Interception and Access) Act 1979 (other than Part 5‑4 or 5‑4A of that Act).
cartel offence means an offence by a corporation involving cartel conduct.
child has the same meaning as in Part ID of the Crimes Act 1914.
committal proceeding, in relation to a foreign offence, includes:
(a) any proceeding to determine whether a person should be tried for the offence (whether or not a particular person is specified at the commencement of that proceeding as the person in relation to whom the determination is to be made); and
(b) a proceeding that is, in accordance with the regulations, to be taken to be a committal proceeding for the purposes of this Act.
communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Confiscated Assets Account means the account established under section 295 of the Proceeds of Crime Act.
criminal investigation means an investigation into an offence (whether the offence is believed to have been committed, to be being committed or to be likely to be committed).
criminal matter includes:
(a) a criminal matter relating to revenue (including taxation and customs duties);
(b) a criminal matter relating to foreign exchange control;
(c) a matter relating to the forfeiture or confiscation of property in respect of an offence;
(d) a matter relating to the imposition or recovery of a pecuniary penalty in respect of an offence; and
(e) a matter relating to the restraining of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed, in respect of an offence;
whether arising under Australian law or a law of a foreign country.
criminal proceeding, in relation to an offence, means a trial of a person for the offence or a committal proceeding in respect of the offence.
eligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.
enforcement agency has the same meaning as in the Proceeds of Crime Act.
evidential material means:
(a) in Subdivision F of Division 2 of Part VI—evidence relating to:
(i) property in relation to which a foreign forfeiture order or foreign restraining order has been or could be made; or
(ii) property of a person in relation to whom a foreign pecuniary penalty order has been or could be made; or
(iii) tainted property; or
(iv) benefits derived from the commission of a foreign serious offence; or
(b) otherwise—a thing relevant to a proceeding or investigation, including such a thing in electronic form.
executing officer, in relation to a warrant, means:
(a) the police officer named in the warrant, by the Magistrate or eligible Judge who issued the warrant, as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
federal prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of the Commonwealth or of a Territory, but does not include a person who is at large after having escaped from lawful custody.
financial institution has the same meaning as in the Proceeds of Crime Act.
foreign confiscation proceedings means proceedings in a foreign country in respect of the making of a foreign forfeiture order or a foreign pecuniary penalty order.
foreign forfeiture order means:
(a) an order, made under the law of a foreign country by a court or other judicial authority, for the forfeiture of property in respect of an offence against the law of that country; or
(b) a declaration, direction, notice, decree or other decision (however described), made under the law of a foreign country by a court or other judicial authority, evidencing forfeiture of property under the law of that country.
foreign law immunity certificate means a certificate given, or a declaration made, by a foreign country or under a law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required:
(a) to answer a specified question; or
(b) to produce a specified document.
foreign offence means an offence against a law of a foreign country.
foreign order means:
(a) a foreign forfeiture order; or
(b) a foreign pecuniary penalty order; or
(c) a foreign restraining order.
foreign pecuniary penalty order means an order, made under the law of a foreign country by a court or other judicial authority, imposing a pecuniary penalty in respect of an offence against the law of that country, but does not include an order for the payment of a sum of money by way of compensation, restitution or damages to an injured person.
foreign prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign country, but does not include a person who is at large after having escaped from lawful custody.
foreign restraining order means an order:
(a) made under the law of a foreign country (whether or not by a court) in respect of an offence against the law of that country; and
(b) which is, or purports to be, made for the purpose of preserving property (whether or not the order also purports to do other things) including an order:
(i) restraining a particular person or persons from dealing with the property; or
(ii) freezing the property; or
(iii) directing the seizure of the property; or
(iv) directing that the property be taken into official custody or control.
foreign serious offence means a serious offence against a law of a foreign country.
forensic evidence has the same meaning as in Part ID of the Crimes Act 1914.
forensic material has the same meaning as in Part ID of the Crimes Act 1914.
forensic procedure has the same meaning as in Part ID of the Crimes Act 1914.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer clothes; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
Governor means:
(a) in relation to the Australian Capital Territory—the Chief Minister of the Territory; or
(b) in relation to the Northern Territory—the Administrator of the Territory.
incapable person has the same meaning as in Part ID of the Crimes Act 1914.
instrument, in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
interception warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
interest, in relation to property, has the same meaning as in the Proceeds of Crime Act.
international production order has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
investigative proceeding means a proceeding covered by paragraph (a) or (b) of the definition of proceeding.
lawfully accessed information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
lawfully intercepted information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Magistrate means:
(a) a Magistrate of a State (other than the Northern Territory) in respect of whom an arrangement under section 39 is in force; or
(aa) a Judge, or an acting Judge, of the Local Court of the Northern Territory in respect of whom an arrangement under section 39 is in force; or
(c) a Magistrate of an external Territory.
Money‑Laundering Convention means the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, done at Strasbourg on 8 November 1990.
money laundering offence, in relation to the proceeds of a serious offence, means an offence that is committed by a person:
(a) engaging, directly or indirectly, in a transaction that involves money, or other property, that is proceeds of the offence; or
(b) receiving, possessing, concealing, disposing of or bringing into a country money, or other property, that is proceeds of the offence;
when the person knows that, or is reckless of whether or not, the money or other property is proceeds of a serious offence.
mutual assistance treaty means a treaty relating in whole or in part to the provision of assistance in criminal matters.
narcotic substance has the same meaning as in the Proceeds of Crime Act.
offence includes an offence against a law relating to taxation, customs duties or other revenue matters or relating to foreign exchange control.
offence under the ordinary criminal law of Australia means an offence against Australian law other than an offence under the military law of Australia.
officer, in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
officer assisting, in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and headgear; and
(b) an examination of those items.
parent has the same meaning as in the Crimes Act 1914.
person assisting has the same meaning as in the Proceeds of Crime Act.
POCA search warrant means a search warrant issued under Part 3‑5 of the Proceeds of Crime Act in relation to a foreign serious offence.
police officer means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
political offence has the same meaning as in the Extradition Act 1988, but does not include an offence constituted by conduct that, by a mutual assistance treaty (not being a bilateral treaty) in relation to the relevant country or any country, may be the subject of a request for mutual assistance, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries.
premises includes:
(a) a structure, building or vehicle; and
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prison includes a gaol, lock‑up or other place of detention.
proceeding, in relation to a criminal matter, includes a proceeding before a judicial officer or a jury for the purpose of:
(a) gathering evidential material that may lead to the laying of a criminal charge; or
(b) assessing evidential material in support of the laying of a criminal charge.
proceeds, in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
proceeds jurisdiction has the same meaning as in the Proceeds of Crime Act.
Proceeds of Crime Act means the Proceeds of Crime Act 2002.
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act.
Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that Act).
proceeds of crime law means:
(a) the Proceeds of Crime Act 2002; or
(b) the Proceeds of Crime Act 1987.
property has the same meaning as in the Proceeds of Crime Act.
protected IPO intercept information means information that:
(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and
(b) either:
(i) was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or
(ii) relates to such an international production order.
protected IPO stored communications information means information that:
(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and
(b) either:
(i) was obtained in accordance with an international production order issued under clause 39 or 69 of that Schedule; or
(ii) relates to such an international production order.
protected IPO telecommunications data information means information that:
(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and
(b) either:
(i) is telecommunications data obtained in accordance with an international production order; or
(ii) relates to an international production order that required the disclosure of telecommunications data.
protected SD information means information that is protected information within the meaning of paragraph 44(1)(a), (aa), (b) or (c) of the Surveillance Devices Act 2004.
public authority of a foreign country means any authority or body constituted by or under a law of a foreign country.
recently used vehicle, in relation to a search of a person, means a vehicle that the person has operated or occupied at any time within 24 hours before the search commenced.
related foreign serious offence: a foreign serious offence is a related foreign serious offence in relation to another foreign serious offence if the physical elements of the 2 offences are:
(a) substantially the same acts or omissions; or
(b) acts or omissions in a single series.
relevant investigation, in relation to a search warrant issued under Division 2 of Part VIIA, means the investigation to which the evidential material authorised to be searched and seized under the warrant relates.
relevant proceeding, in relation to a search warrant issued under Division 2 of Part VIIA, means the proceeding to which the evidential material authorised to be searched and seized under the warrant relates.
responsible enforcement agency head means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant.
search warrant means a warrant issued under section 38C.
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
serious offence means an offence the maximum penalty for which is:
(a) death; or
(b) imprisonment for a period exceeding 12 months; or
(c) a fine exceeding 300 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Note 2: Paragraph (c)—see also subsection (1A) of this section.
State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
State Minister means:
(a) in relation to a State other than the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or
(b) in relation to the Australian Capital Territory or the Northern Territory—a Minister of that Territory.
State prisoner means a person who is being held in custody pending trial for or sentence for, or under a sentence of imprisonment for, an offence against a law of a State, but does not include a person who is at large after having escaped from lawful custody.
stored communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
stored communications warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
strip search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her clothes; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
tainted property means:
(a) proceeds of a foreign serious offence; or
(b) an instrument of a foreign serious offence.
tape recording means audio recording, video recording or recording by other electronic means.
telecommunications data (except when used in Part IIIB) has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Territory does not include:
(a) the Australian Capital Territory; or
(b) the Northern Territory.
treaty includes a convention, protocol or agreement.
trial, in relation to a foreign offence, includes any proceeding to determine whether a person should be convicted of the offence.
vehicle includes any means of transport.
video link means a video and sound system that enables persons assembled in a place in a country to see, hear and talk to persons assembled in a place in another country.
(1AA) A reference to an order in the definitions of foreign forfeiture order, foreign pecuniary penalty order and foreign restraining order in subsection (1) includes a reference to a declaration, direction, notice, decree or other decision (however described). (1A) In determining, for the purpose of a request by a foreign country, the Australian dollar equivalent of a fine (whether expressed as an amount or by way of penalty units) or pecuniary penalty (however described) that may be imposed on a person for an offence to which the request relates, the fine or penalty is to be translated to Australian currency: (a) in relation to a country for which the Australian Tax Office publishes exchange rates—at the daily exchange rate listed on the Australian Tax Office website that applies on the day on which the request is received; and (b) in relation to any other country—at the exchange rate that applies at the time when the request is received. (2) For the purposes of this Act: (a) a colony, territory or protectorate of a foreign country; (b) a territory for the international relations of which a foreign country is responsible; and (c) a ship or aircraft of, or registered in, a foreign country; shall, unless the contrary intention appears, be deemed to be part of that foreign country. (3) Subsection (2) does not apply to a colony, territory or protectorate that is itself a foreign country to which this Act applies. (4) A reference in this Act to a law of a foreign country includes a reference to a law of a part of, or a law in force in a part of, the foreign country. (5) A reference in this Act to an Australian criminal offence is a reference to an offence against a law of the Commonwealth or of a Territory. (6) Without prejudice to its effect by virtue of subsection (5), this Act has effect as if a reference in this Act to an Australian criminal offence included a reference to an offence against a law of a State.
This Act extends to every external Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
The objects of this Act are: (a) to regulate the provision by Australia of international assistance in criminal matters when a request is made by a foreign country in respect of which powers may be exercised under this Act (whether or not in conjunction with other Australian laws); and (c) to facilitate the obtaining by Australia of international assistance in criminal matters.
This Act does not prevent the provision or obtaining of international assistance in criminal matters other than assistance of a kind that may be provided or obtained under this Act.
(1) Subject to this section, this Act applies to all foreign countries. (2) The regulations may provide that this Act applies to a foreign country subject to: (a) any mutual assistance treaty between that country and Australia that is referred to in the regulations; and (b) any multilateral mutual assistance treaty (being a treaty to which that country is a party) that is referred to in the regulations. (3) If the regulations provide, in accordance with subsection (2), that this Act applies to a foreign country subject to a mutual assistance treaty, then: (a) if the treaty relates wholly to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect to the treaty in relation to that country; or (b) if the treaty relates in part to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect, in relation to that country, to that part of the treaty that relates to the provision of assistance in criminal matters.
(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney‑General: (a) the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or (b) there are substantial grounds for believing that the request has been made with a view to investigating, prosecuting or punishing a person for a political offence; or (ba) the request relates to a foreign order in relation to an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or (c) there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, sex, sexual orientation, religion, nationality or political opinions; or (ca) there are substantial grounds for believing that, if the request was granted, a person would be in danger of being subjected to torture; or (d) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that if it had occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or (da) both of the following subparagraphs are satisfied: (i) the request relates to a foreign order in relation to an offence; (ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or (e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory. (1A) A request by a foreign country for assistance under this Act must be refused if: (a) the request relates to the investigation, prosecution or punishment of: (i) a person arrested or detained on suspicion of having committed an offence; or (ii) a person charged with, or convicted of, an offence; and (b) the offence is one in respect of which the death penalty may be imposed in the foreign country; unless the Attorney‑General is of the opinion, having regard to the special circumstances of the case, that the assistance requested should be granted. (1B) A request by a foreign country for assistance under this Act may be refused if the Attorney‑General: (a) believes that the provision of the assistance may result in the death penalty being imposed on a person; and (b) after taking into consideration the interests of international criminal co‑operation, is of the opinion that in the circumstances of the case the request should not be granted. (2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney‑General: (a) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or (b) both of the following subparagraphs are satisfied: (i) the request relates to a foreign order in relation to an offence; (ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or (c) the request relates to the investigation, prosecution or punishment of a person for an offence in a case where: (i) the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or in Australia or another country; or (ii) the person has undergone the punishment provided by the law of the foreign country, or of Australia or another country; in respect of that offence or of another offence constituted by the same act or omission as that offence; or (d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or (e) the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in or outside Australia); or (f) the provision of the assistance would impose an excessive burden on the resources of the Commonwealth or of a State or Territory; or (g) it is appropriate, in all the circumstances of the case, that the assistance requested should not be granted.
Assistance under this Act may be provided to a foreign country subject to such conditions as the Attorney‑General determines.
(1) A request for international assistance in a criminal matter that Australia is authorised to make under this Act may be made only by the Attorney‑General. (2) Subsection (1) does not prevent the Attorney‑General on behalf of Australia from requesting international assistance in a criminal matter other than assistance of a kind that may be requested under this Act.
(1) A request by a foreign country for international assistance in a criminal matter may be made to the Attorney‑General or a person authorised by the Attorney‑General, in writing, to receive requests by foreign countries under this Act. (2) A request must be in writing and must include or be accompanied by the following information: (a) the name of the authority concerned with the criminal matter to which the request relates; (b) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws; (c) a description of the purpose of the request and of the nature of the assistance being sought; (d) any information that may assist in giving effect to the request. However, a failure to comply with this subsection is not a ground for refusing the request. (3) Where a request by a foreign country is made to a person authorised under subsection (1), the request shall be taken, for the purposes of this Act, to have been made to the Attorney‑General. (4) If a foreign country makes a request to a court in Australia for international assistance in a criminal matter: (a) the court must refer the request to the Attorney‑General; and (b) the request is then taken, for the purposes of this Act, to have been made to the Attorney‑General.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Mutual Assistance in Criminal Matters Act 1987.
(1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day or days fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
account has the same meaning as in the Proceeds of Crime Act.
agent has the same meaning as in the Proceeds of Crime Act.
ancillary offence, in relation to an offence (in this definition called the main offence), means:
(a) an offence of conspiring to commit the main offence; or
(b) an offence of aiding, abetting, inciting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence; or
(c) an offence of receiving or assisting another person in order to enable the person to escape punishment for, or to dispose of the proceeds of, the main offence; or
(d) an offence of attempting to commit the main offence.
approved form means a form approved by the Attorney‑General in writing for the purposes of the provision in which the expression occurs.
Australia, when used in a geographical sense, includes the external Territories.
Australian forfeiture order means:
(a) a forfeiture order within the meaning of a proceeds of crime law; or
(aa) a declaration made under section 95 of the Proceeds of Crime Act; or
(ab) a declaration made under subsection 30(8A) of the Proceeds of Crime Act 1987; or
(b) an interstate forfeiture order within the meaning of the Proceeds of Crime Act; or
(c) an order or declaration, made under Australian law, that:
(i) orders the forfeiture of property in respect of an offence against Australian law or declares that property has been forfeited in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian forfeiture order for the purposes of this Act.
Australian law means the laws of the Commonwealth, the States and the Territories.
Australian literary proceeds order means:
(a) a literary proceeds order within the meaning of the Proceeds of Crime Act; or
(b) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian literary proceeds order for the purposes of this Act.
Australian pecuniary penalty order means:
(a) a pecuniary penalty order within the meaning of a proceeds of crime law; or
(b) an interstate pecuniary penalty order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian pecuniary penalty order for the purposes of this Act.
Australian restraining order means:
(a) a restraining order within the meaning of a proceeds of crime law (other than a restraining order made by virtue of section 59 of the Proceeds of Crime Act 1987 or section 34K of this Act); or
(b) an interstate restraining order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) restrains a particular person, or all persons, from dealing with property; and
(ii) is, in accordance with the regulations, to be taken to be an Australian restraining order for the purposes of this Act.
authorised officer has the same meaning as in the Proceeds of Crime Act.
benefit has the same meaning as in the Proceeds of Crime Act.
carrier has the same meaning as in the Telecommunications (Interception and Access) Act 1979 (other than Part 5‑4 or 5‑4A of that Act).
cartel offence means an offence by a corporation involving cartel conduct.
child has the same meaning as in Part ID of the Crimes Act 1914.
committal proceeding, in relation to a foreign offence, includes:
(a) any proceeding to determine whether a person should be tried for the offence (whether or not a particular person is specified at the commencement of that proceeding as the person in relation to whom the determination is to be made); and
(b) a proceeding that is, in accordance with the regulations, to be taken to be a committal proceeding for the purposes of this Act.
communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Confiscated Assets Account means the account established under section 295 of the Proceeds of Crime Act.
criminal investigation means an investigation into an offence (whether the offence is believed to have been committed, to be being committed or to be likely to be committed).
criminal matter includes:
(a) a criminal matter relating to revenue (including taxation and customs duties);
(b) a criminal matter relating to foreign exchange control;
(c) a matter relating to the forfeiture or confiscation of property in respect of an offence;
(d) a matter relating to the imposition or recovery of a pecuniary penalty in respect of an offence; and
(e) a matter relating to the restraining of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed, in respect of an offence;
whether arising under Australian law or a law of a foreign country.
criminal proceeding, in relation to an offence, means a trial of a person for the offence or a committal proceeding in respect of the offence.
eligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.
enforcement agency has the same meaning as in the Proceeds of Crime Act.
evidential material means:
(a) in Subdivision F of Division 2 of Part VI—evidence relating to:
(i) property in relation to which a foreign forfeiture order or foreign restraining order has been or could be made; or
(ii) property of a person in relation to whom a foreign pecuniary penalty order has been or could be made; or
(iii) tainted property; or
(iv) benefits derived from the commission of a foreign serious offence; or
(b) otherwise—a thing relevant to a proceeding or investigation, including such a thing in electronic form.
executing officer, in relation to a warrant, means:
(a) the police officer named in the warrant, by the Magistrate or eligible Judge who issued the warrant, as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
federal prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of the Commonwealth or of a Territory, but does not include a person who is at large after having escaped from lawful custody.
financial institution has the same meaning as in the Proceeds of Crime Act.
foreign confiscation proceedings means proceedings in a foreign country in respect of the making of a foreign forfeiture order or a foreign pecuniary penalty order.
foreign forfeiture order means:
(a) an order, made under the law of a foreign country by a court or other judicial authority, for the forfeiture of property in respect of an offence against the law of that country; or
(b) a declaration, direction, notice, decree or other decision (however described), made under the law of a foreign country by a court or other judicial authority, evidencing forfeiture of property under the law of that country.
foreign law immunity certificate means a certificate given, or a declaration made, by a foreign country or under a law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required:
(a) to answer a specified question; or
(b) to produce a specified document.
foreign offence means an offence against a law of a foreign country.
foreign order means:
(a) a foreign forfeiture order; or
(b) a foreign pecuniary penalty order; or
(c) a foreign restraining order.
foreign pecuniary penalty order means an order, made under the law of a foreign country by a court or other judicial authority, imposing a pecuniary penalty in respect of an offence against the law of that country, but does not include an order for the payment of a sum of money by way of compensation, restitution or damages to an injured person.
foreign prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign country, but does not include a person who is at large after having escaped from lawful custody.
foreign restraining order means an order:
(a) made under the law of a foreign country (whether or not by a court) in respect of an offence against the law of that country; and
(b) which is, or purports to be, made for the purpose of preserving property (whether or not the order also purports to do other things) including an order:
(i) restraining a particular person or persons from dealing with the property; or
(ii) freezing the property; or
(iii) directing the seizure of the property; or
(iv) directing that the property be taken into official custody or control.
foreign serious offence means a serious offence against a law of a foreign country.
forensic evidence has the same meaning as in Part ID of the Crimes Act 1914.
forensic material has the same meaning as in Part ID of the Crimes Act 1914.
forensic procedure has the same meaning as in Part ID of the Crimes Act 1914.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer clothes; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
Governor means:
(a) in relation to the Australian Capital Territory—the Chief Minister of the Territory; or
(b) in relation to the Northern Territory—the Administrator of the Territory.
incapable person has the same meaning as in Part ID of the Crimes Act 1914.
instrument, in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
interception warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
interest, in relation to property, has the same meaning as in the Proceeds of Crime Act.
international production order has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
investigative proceeding means a proceeding covered by paragraph (a) or (b) of the definition of proceeding.
lawfully accessed information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
lawfully intercepted information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Magistrate means:
(a) a Magistrate of a State (other than the Northern Territory) in respect of whom an arrangement under section 39 is in force; or
(aa) a Judge, or an acting Judge, of the Local Court of the Northern Territory in respect of whom an arrangement under section 39 is in force; or
(c) a Magistrate of an external Territory.
Money‑Laundering Convention means the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, done at Strasbourg on 8 November 1990.
money laundering offence, in relation to the proceeds of a serious offence, means an offence that is committed by a person:
(a) engaging, directly or indirectly, in a transaction that involves money, or other property, that is proceeds of the offence; or
(b) receiving, possessing, concealing, disposing of or bringing into a country money, or other property, that is proceeds of the offence;
when the person knows that, or is reckless of whether or not, the money or other property is proceeds of a serious offence.
mutual assistance treaty means a treaty relating in whole or in part to the provision of assistance in criminal matters.
narcotic substance has the same meaning as in the Proceeds of Crime Act.
offence includes an offence against a law relating to taxation, customs duties or other revenue matters or relating to foreign exchange control.
offence under the ordinary criminal law of Australia means an offence against Australian law other than an offence under the military law of Australia.
officer, in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
officer assisting, in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and headgear; and
(b) an examination of those items.
parent has the same meaning as in the Crimes Act 1914.
person assisting has the same meaning as in the Proceeds of Crime Act.
POCA search warrant means a search warrant issued under Part 3‑5 of the Proceeds of Crime Act in relation to a foreign serious offence.
police officer means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
political offence has the same meaning as in the Extradition Act 1988, but does not include an offence constituted by conduct that, by a mutual assistance treaty (not being a bilateral treaty) in relation to the relevant country or any country, may be the subject of a request for mutual assistance, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries.
premises includes:
(a) a structure, building or vehicle; and
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prison includes a gaol, lock‑up or other place of detention.
proceeding, in relation to a criminal matter, includes a proceeding before a judicial officer or a jury for the purpose of:
(a) gathering evidential material that may lead to the laying of a criminal charge; or
(b) assessing evidential material in support of the laying of a criminal charge.
proceeds, in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
proceeds jurisdiction has the same meaning as in the Proceeds of Crime Act.
Proceeds of Crime Act means the Proceeds of Crime Act 2002.
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act.
Note: Under that Act, the proceeds of crime authority is either the Commission
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