34E

34E Enforcement of foreign restraining orders

(1) A foreign restraining order registered in a court under this Subdivision has effect, and may be enforced, as if it were a restraining order that:

(a) was made by the court under the Proceeds of Crime Act at the time of the registration; and

(b) directed that the property specified in the order is not to be disposed of or otherwise dealt with by any person.

(2) In particular:

(a) section 288 of that Act applies as if:

(i) the reference in that section to the Official Trustee’s exercise of powers under that Act included a reference to the Official Trustee’s exercise of those powers in relation to a foreign restraining order so registered; and

(ii) the reference in that section to the Official Trustee’s performance of functions or duties under that Act included a reference to the Official Trustee’s performance of those functions or duties in relation to such a foreign restraining order; and

(b) section 289 of that Act applies as if the reference in that section to controlled property included a reference to property that is subject to an order under section 35; and

(c) section 290 of that Act applies as if the reference in that section to the controlled property were a reference to the property that is subject to an order under section 35.

(3) Divisions 1, 2 and 3 of Part 2‑1, section 33, Divisions 5 and 6 of Part 2‑1 and sections 142, 143, 169, 170 and 282 to 287 of the Proceeds of Crime Act do not apply in relation to a foreign restraining order registered under this Subdivision.

Note: Division 3 of this Part contains further provisions relating to registered foreign restraining orders.