34Requests for 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.