the ICC has requested the material; and

the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

if the material is or includes lawfully intercepted information or interception warrant information—the investigation is into, or the proceeding relates to, an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life; and

the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.

specify the uses to which the material can be put by the ICC; and

include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the ICC.

material obtained from individuals or entities by consent; and

material obtained by warrant, or the exercise of a coercive power by a court, in for the purposes of a domestic investigation or prosecution.

the Tribunal has requested the material; and

the Attorney-General is satisfied that:

the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and

the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency.

specify the uses to which the material can be put by the Tribunal; and

include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the Tribunal.

material obtained from individuals or entities by consent; and

material obtained by warrant, or the exercise of a coercive power by a court, in for the purposes of a domestic investigation or prosecution.

(h) the communication of information for the purpose of providing it to the International Criminal Court, if this has been authorised under International Criminal Court Act 2002; orsection 69A of the

(i) the communication of information for the purpose of providing it to a War Crimes Tribunal, if this has been authorised under International War Crimes Tribunals Act 1995.section 25A of the

(la) if the Attorney-General has authorised the provision of the information to the International Criminal Court under International Criminal Court Act 2002—to:section 69A of the

that Court; or

the Secretary of the Department for the purpose of providing the information to that Court; and

(lb) if the Attorney-General has authorised the provision of the information to a War Crimes Tribunal under International War Crimes Tribunals Act 1995—to:section 25A of the

that Tribunal; or

the Secretary of the Department for the purpose of providing the information to that Tribunal; and

the Secretary of the Department;

a person authorised by the Secretary;

a person or other entity to whom the information has been communicated under this subsection;

a foreign country under paragraph 68(l) or section 68A;

the International Criminal Court under paragraph 68(la) or section 68A;

a War Crimes Tribunal under paragraph 68(lb) or section 68A.

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request.

whether the material requested was lawfully obtained in Australia before, on or after that commencement; and

whether conduct, a crime or an offence to which the request relates occurred before, on or after that commencement.

(a) was made, before the commencement of this item, under subsection 68A(1) of the Telecommunications (Interception and Access) Act 1979 as in force before that commencement; and

was in force immediately before that commencement;

a requirement to produce documents or other articles that is made on or after the commencement of this item;

a requirement to produce documents or other articles that is made before the commencement of this item if:

the documents or other articles had not been produced immediately before the commencement of this item; or

the documents or other articles were produced before the commencement of this item but, immediately before that commencement, the documents (or copies of the documents) or other articles had not been sent to the Attorney-General as required by subsection 66(2) or (3) of that Act.

a requirement to produce documents or other articles that is made on or after the commencement of this item;

a requirement to produce documents or other articles that is made before the commencement of this item if:

the documents or other articles had not been produced immediately before the commencement of this item; or

the documents or other articles were produced before the commencement of this item but, immediately before that commencement, the documents (or copies of the documents) or other articles had not been sent to the Attorney-General as required by subsection 28(2) or (3) of that Act.

the Attorney-General is satisfied that:

an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and

there are reasonable grounds to believe that stored communications relevant to the investigation or proceeding are held by a carrier; and

the ICC has requested the Attorney-General to arrange for access to the stored communications.

the Attorney-General is satisfied that:

a proceeding is before, or an investigation is being conducted by, a Tribunal; and

there are reasonable grounds to believe that stored communications relevant to the proceeding or investigation are held by a carrier; and

the Tribunal has requested the Attorney-General to arrange for access to the stored communications.

(a) an authorisation under Mutual Assistance in Criminal Matters Act 1987; orsection 15B of the

(b) an authorisation under International Criminal Court Act 2002; orsection 78A of the

(c) an authorisation under International War Crimes Tribunals Act 1995.section 34A of the

a contravention of a law of a foreign country that is punishable by a maximum penalty of:

imprisonment for 3 years or more, imprisonment for life or the death penalty; or

a fine of an amount that is at least equivalent to 900 penalty units; or

a crime within the jurisdiction of the ICC; or

a War Crimes Tribunal offence.

relate to a specified person or specified telecommunications service; and

are held by a carrier; and

are relevant to an investigation, investigative proceeding, or proceeding relating to a serious foreign contravention;

be in writing; and

name the entity or the entity’s authority concerned with the serious foreign contravention; and

specify the serious foreign contravention that is the subject of the investigation, investigative proceeding or proceeding; and

specify information identifying the stored communications to be preserved and the relationship between those communications and the serious foreign contravention; and

specify any information the entity has that identifies the carrier that holds the stored communications; and

if the stored communications relate to a specified person—specify any information the entity has that identifies the telecommunications service to which the stored communications relate; and

specify the reasons why the stored communications need to be preserved; and

specify that the entity intends to make an access request for the stored communications.

if a stored communications warrant authorising access to the stored communications covered by the notice is issued as a result of the access request—when the warrant ceases to be in force.

an entity requests under section 107P the Australian Federal Police to arrange for the preservation of stored communications that are held by a carrier; and

during the period of 180 days starting on the day the carrier was given the notice, the entity did not make an access request to the Attorney-General to arrange for access to those communications;

an entity requests under section 107P the Australian Federal Police to arrange for the preservation of stored communications that are held by a carrier; and

the entity makes an access request to the Attorney-General to arrange for access to those communications; and

an entity requests under section 107P the Australian Federal Police to arrange for the preservation of stored communications that are held by a carrier; and

information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with:

unless subparagraph (ii) applies—the investigation by the agency of a serious contravention in which the person is involved (including as a victim of the serious contravention); or

for an international assistance application—the investigation, investigative proceeding, or proceeding by the entity to which the application relates, of a serious foreign contravention to which the application relates and in which the person is involved (including as a victim of the serious foreign contravention); and

how much the information referred to in subparagraph (1)(d)(ii) would be likely to assist in connection with the investigation, investigative proceeding, or proceeding, to the extent that this is possible to determine from information obtained from the entity to which the application relates.

an authorisation under any of the following provisions in respect of the information:

(i) subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987;

(ii) International Criminal Court Act 2002;section 69A of the

(iii) International War Crimes Tribunals Act 1995.section 25A of the

providing the information to the entity to which the application relates, or to an appropriate authority of that entity; or

the keeping of records by the agency under Part 3-5.

that the information will only be used for the purposes for which the entity requested the information;

that any document or other thing containing the information will be destroyed when it is no longer required for those purposes;

any other condition determined, in writing, by the Attorney-General.

for each international offence for the agency—the offence (if any), under a law of the Commonwealth, a State or a Territory, that is of the same, or a substantially similar, nature to the international offence.

for each international offence for each enforcement agency—the offence (if any), under a law of the Commonwealth, a State or a Territory, that is of the same, or a substantially similar, nature to the international offence.

an offence against a law of a foreign country; or

a crime within the jurisdiction of the ICC; or

a War Crimes Tribunal offence;

a foreign country;

the International Criminal Court;

a War Crimes Tribunal;

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request.

on or after the commencement of this item; and

(b) under Telecommunications (Interception and Access) Act 1979 (as inserted by this Part).section 107P of the

whether the stored communications to which the request relates became stored communications before, on or after that commencement; and

whether conduct, a crime or an offence to which the request relates occurred before, on or after that commencement.

(a) a foreign country makes a request to which subitem (1) applies (the access request); and

(b) before the commencement of this item, the foreign country made a request (the preservation request) under section 107P of the Telecommunications (Interception and Access) Act 1979 because the foreign country intended to make the access request;

(a) was made, before the commencement of this item, under paragraph 142A(1)(c) of the Telecommunications (Interception and Access) Act 1979 (as in force before that commencement); and

was in force immediately before that commencement;

any other authority or person responsible to a War Crimes Tribunal for investigating or prosecuting a War Crimes Tribunal offence.

the enforcement of the criminal law of a foreign country; or

an investigation or prosecution of a crime within the jurisdiction of the ICC; or

an investigation or prosecution of a War Crimes Tribunal offence.

the enforcement of the criminal law of a foreign country; or

an investigation or prosecution of a crime within the jurisdiction of the ICC; or

an investigation or prosecution of a War Crimes Tribunal offence.

the enforcement of the criminal law of a foreign country; or

an investigation or prosecution of a crime within the jurisdiction of the ICC; or

an investigation or prosecution of a War Crimes Tribunal offence.

whether the information or documents were acquired before, on or after that commencement; and

whether conduct, a crime or an offence to which the disclosure relates occurred before, on or after that commencement.

the ICC has requested the Attorney-General to arrange for the disclosure of the information or documents; and

the information or documents come into existence during a period specified by the ICC, and which started on or after the day the request was made; and

the Attorney-General is satisfied that:

an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and

the information or documents relate to the fact of a communication passing over a telecommunications system during that period.

a Tribunal has requested the Attorney-General to arrange for the disclosure of the information or documents; and

the information or documents come into existence during a period specified by the Tribunal, and which started on or after the day the request was made; and

the Attorney-General is satisfied that:

a proceeding is before, or an investigation is being conducted by, the Tribunal; and

the information or documents relate to the fact of a communication passing over a telecommunications system during a period specified in the Tribunal’s request.

the Attorney-General has authorised the making of the authorisation under a provision mentioned in an item of the following table; and

the authorised officer is satisfied that:

the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item; and

the disclosure is appropriate in all the circumstances.

reasonably necessary for an investigation or proceeding of a kind referred to in the relevant table item in subsection (3); and

reasonably necessary for an investigation or proceeding of a kind referred to in the relevant table item in subsection (3); and

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request;

the ICC has requested the Attorney-General to arrange for the use of a surveillance device; and

the Attorney-General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and

the Attorney-General is satisfied that the ICC has given appropriate undertakings for:

ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the ICC; and

the destruction of a document or other thing containing information obtained as a result of the use of the device; and

any other matter the Attorney-General considers appropriate.

a Tribunal has requested the Attorney-General to arrange for the use of a surveillance device; and

the Attorney-General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and

the Attorney-General is satisfied that the Tribunal has given appropriate undertakings for:

ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the Tribunal; and

the destruction of a document or other thing containing information obtained as a result of the use of the device; and

any other matter the Attorney-General considers appropriate.

(a) an authorisation under subsection 15CA(1) of the Mutual Assistance in Criminal Matters Act 1987; or

(b) an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or

(c) an authorisation under subsection 32A(1) of the International War Crimes Tribunals Act 1995.

(a) definition of mutual assistance application;

(b) definition of mutual assistance authorisation.

(a) an international assistance authorisation that is an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or

an international assistance application that is related to such an authorisation;

is authorised to do so under an international assistance authorisation; and

suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation, proceeding or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

the commission of an offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence.

in the case of a warrant sought in relation to an international assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the international entity to which the authorisation relates; and

if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and

the commission of any offence to which the authorisation relates; or

if the warrant was issued in relation to an international assistance authorisation—of enabling evidence to be obtained of:

the commission of any offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence;

the communication of information for the purpose of providing it to one of the following entities (or to an appropriate authority of that entity):

a foreign country;

the International Criminal Court;

a War Crimes Tribunal;

(g) the communication of information for the purpose of providing it to a foreign country, or an appropriate authority of a foreign country, if this has been authorised under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987; or

for each of the following offences:

an offence against a law of a foreign country;

(ii) a crime within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002);

(iii) a Tribunal offence (within the meaning of the International War Crimes Tribunals Act 1995);

if the warrant was issued in relation to an international assistance authorisation—each offence to which the authorisation relates; and

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request;

(a) Mutual Assistance in Criminal Matters Act 1987;section 28B of the

(b) International Criminal Court Act 2002;section 76A of the

(c) International War Crimes Tribunals Act 1995.section 32B of the

any other authority or person responsible to a War Crimes Tribunal for investigating or prosecuting a War Crimes Tribunal offence.

(a) a foreign serious offence (within the meaning of the Mutual Assistance in Criminal Matters Act 1987); or

a crime within the jurisdiction of the ICC; or

a War Crimes Tribunal offence.

the ICC; or

a War Crimes Tribunal.

(a) in the case of a foreign country—a request, referred to in Mutual Assistance in Criminal Matters Act 1987, by the country; orsection 28B of the

in the case of an international tribunal:

(i) a request referred to in International Criminal Court Act 2002, if the tribunal is the ICC; orsection 76A of the

(ii) a request referred to in International War Crimes Tribunals Act 1995, if the tribunal is a War Crimes Tribunal; orsection 32B of the

in the case of a foreign law enforcement agency—a request, to which Subdivision B of Division 9A applies, by the agency.

a person for whom a forensic procedure has been requested by a foreign country, international tribunal or a foreign law enforcement agency because that country, tribunal or agency has:

started investigating whether the person has committed an indictable offence; or

started proceedings against the person for an indictable offence.

if the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency responsible to an international tribunal—the following:

the name of the international tribunal for which the request was made;

that forensic evidence resulting from the forensic procedure will be provided to the agency;

that the forensic evidence may be used in proceedings against the suspect in the international tribunal;

that the retention of the forensic evidence will be governed by the rules of the international tribunal;

that the retention of the forensic evidence will be subject to undertakings given by the agency;

the content of those undertakings;

the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency; and

the suspect does not consent;

a foreign country or international tribunal; or

the forensic procedure has been requested by a foreign country or an international tribunal.

if the forensic procedure has been requested by a foreign country or an international tribunal—a constable has been authorised by the Attorney-General, under the authorising provision relating to the request, to apply for an order under this Part; and

if the forensic procedure has been requested by a foreign country or an international tribunal—balance the public interest in Australia providing and receiving international assistance in criminal matters against the public interest in upholding the physical integrity of the suspect; and

if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency responsible to an international tribunal—the following:

the name of the international tribunal for which the request was made;

that forensic evidence resulting from the forensic procedure will be provided to the agency;

that the forensic evidence may be used in proceedings in the international tribunal;

that the retention of the forensic evidence will be governed by the rules of the international tribunal;

that the retention of the forensic evidence will be subject to undertakings given by the agency;

the content of those undertakings;

in the case of a forensic procedure requested by a foreign country or an international tribunal—a constable has been authorised by the Attorney-General, under the authorising provision relating to the request, to apply for an order under this Part.

a foreign country; or

an international tribunal; or

a foreign law enforcement agency.

at any place outside Australia where:

a crime within the jurisdiction of the ICC; or

a War Crimes Tribunal offence;

the purpose of assisting a foreign country or international tribunal to decide whether to make a request;

a foreign country; or

an international tribunal; or

a foreign law enforcement agency.

the purposes of assisting a foreign country or international tribunal to decide whether to make a request;

(a) a request is made by a foreign country or an international tribunal (the requesting entity) for a forensic procedure to be carried out on a person; and

the Attorney-General authorises, under the authorising provision relating to the request, an authorised applicant to apply to a magistrate for the carrying out of the forensic procedure on the person.

(a) Mutual Assistance in Criminal Matters Act 1987, if the request was made by a foreign country;section 28C of the

(b) International Criminal Court Act 2002, if the request was made by the ICC;section 76B of the

(c) International War Crimes Tribunals Act 1995, if the request was made by a War Crimes Tribunal.section 32C of the

the ICC has requested the procedure to be carried out on the person; and

the Attorney-General is satisfied:

that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

that the person is, or is believed to be, in Australia; and

that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and

that the ICC has given any other undertakings that the Attorney-General considers necessary; and

unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and

if subsection (2) applies—of the matters in that subsection; and

in the case of the person being a suspect, the constable is an authorised applicant.

that either:

the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or

a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and

that, having regard to the best interests of the person, it is appropriate to make the authorisation.

the Attorney-General gave an authorisation to the constable under subsection 76A(1); and

the forensic evidence resulted from the authorisation.

a Tribunal has requested the procedure to be carried out on the person; and

the Attorney-General is satisfied:

that the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and

that the person is, or is believed to be, in Australia; and

that the Tribunal has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and

that the Tribunal has given any other undertakings that the Attorney-General considers necessary; and

unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and

if subsection (2) applies—of the matters in that subsection; and

in the case of the person being a suspect, the constable is an authorised applicant.

that either:

the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or

a parent or guardian of the person is a suspect in relation to an offence to which the investigation or proceeding relates; and

that, having regard to the best interests of the person, it is appropriate to make the authorisation.

the Attorney-General gave an authorisation to the constable under subsection 32B(1); and

the forensic evidence resulted from the authorisation.

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request;

in Subdivision F of Division 14 of Part 4—evidence relating to:

property in relation to which a forfeiture order has been or could be made; or

property in relation to which a restraining order has been or could be made for the purposes of section 82; or

property of a person in relation to whom a pecuniary penalty order may be enforced as described in section 159; or

proceeds of a crime within the jurisdiction of the ICC; or

benefits derived from the commission of a crime within the jurisdiction of the ICC; or

otherwise—a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.

(a) definition of production order;

(b) definition of property tracking document.

relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

is for assistance that can be obtained from one or more production orders, monitoring orders or search warrants under the Proceeds of Crime Act.

subparagraphs 202(5)(a)(ii) and (c)(ii), paragraph 202(5)(e) and subsection 205(1) of that Act were omitted.

the person fails to comply with the notice only because the person does not provide information or a document within the period specified in the notice; and

the person took all reasonable steps to provide the information or document within that period; and

the person provides the information or document as soon as practicable after the end of that period.

a reference in that Part to tainted property were a reference to proceeds of the crime that is the subject of the proceeds request; and

a reference in that Part to evidential material were a reference to evidential material as defined in section 4 of this Act for the purposes of this Subdivision; and

(c) the words “or International Criminal Court Act 2002” were inserted after “this Act” in paragraph 254(1)(a) of the Proceeds of Crime Act; andsection 100, 101 or 102 of the

paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act were omitted.

the property or thing:

is proceeds of the crime that are not of a kind specified in the warrant; or

is evidential material relating to the crime that is not of a kind specified in the warrant; or

is proceeds of, or evidential material relating to, another crime within the jurisdiction of the ICC in relation to which a POCA search warrant is in force; or

is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; or

will afford evidence as to the commission of an offence against an Australian law; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

the property or thing:

is proceeds of the crime that are not of a kind specified in the warrant; or

is evidential material relating to the crime that is not of a kind specified in the warrant; or

is proceeds of, or evidential material relating to, another crime within the jurisdiction of the ICC in relation to which a POCA search warrant is in force; or

is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; or

will afford evidence as to the commission of an offence against an Australian law; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

it is evidential material; or

it is property of a kind referred to in subparagraph 99A(a)(iv) or (v).

it has been seized under a POCA search warrant in relation to a crime within the jurisdiction of the ICC; and

it is not:

evidential material; or

property of a kind referred to in subparagraph 99A(a)(iv) or (v).

(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a crime within the jurisdiction of the ICC; and

the seized item is:

evidential material; or

property or a thing of a kind referred to in subparagraph 99A(a)(iv); and

(c) the seized item is seized by a person (the seizing officer) who is:

an authorised officer; or

a person assisting in relation to the warrant.

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request.

whether property or a thing to which the proceeds request relates was acquired before, on or after that commencement; and

whether conduct or a crime to which the proceeds request relates occurred before, on or after that commencement.

whether property or a thing to which the authorisation relates was acquired before, on or after that commencement; and

whether conduct or a crime to which the authorisation relates occurred before, on or after that commencement.

whether property or a thing to which the application relates was acquired before, on or after that commencement; and

whether conduct or a crime to which the application relates occurred before, on or after that commencement; and

(c) whether the authorisation by the Attorney-General relating to the application was given under the International Criminal Court Act 2002 before, on or after that commencement.

whether property or a thing to which the warrant relates was acquired before, on or after that commencement; and

whether conduct or a crime to which the warrant relates occurred before, on or after that commencement; and

whether the application for the warrant was made before, on or after that commencement; and

(d) whether the authorisation by the Attorney-General relating to the application for the warrant was given under the International Criminal Court Act 2002 before, on or after that commencement.

(a) was given, before the commencement of this item, under subsection 97(1) of the International Criminal Court Act 2002 as in force before that commencement; and

was in force immediately before that commencement;

(a) was made under International Criminal Court Act 2002 before the commencement of this item; andsection 102 of the

was in force immediately before that commencement;

in Subdivision F of Division 6 of Part 4—evidence relating to:

property in relation to which a forfeiture order has been or could be made; or

property in relation to which a restraining order has been or could be made for the purposes of section 40AC; or

proceeds of a Tribunal offence; or

otherwise—a thing relevant to a Tribunal offence, including such a thing in electronic form.

(a) a Tribunal makes a request (a proceeds request) to the Attorney-General for the identification, tracing, and freezing or seizure, of the proceeds of a Tribunal offence; and

(b) the Attorney-General is satisfied that a person (the defendant):

has been, or is about to be, charged with the Tribunal offence before the Tribunal; or

has been convicted by the Tribunal of the Tribunal offence.

relates to a proceeding before, or an investigation conducted by, the Tribunal; and

(b) is for assistance that can be obtained from one or more production orders, monitoring orders or search warrants under the Proceeds of Crime Act 2002.

references in that Part to an indictable offence were references to the Tribunal offence that is the subject of the proceeds request; and

references in that Part to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a Tribunal offence has commenced in the Tribunal; and

references in that Part to it being proposed to charge a person with an indictable offence were references to it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence; and

paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and sections 18 to 20A, 29, 29A and 44 to 45A of that Act were omitted.

(a) a court makes a restraining order under Proceeds of Crime Act 2002 against property in respect of the Tribunal offence; andPart 2-1 of the

a person having an interest in the property applies to the court under Division 3 of Part 2-1 of that Act for an order varying the restraining order to exclude the person’s interest from the restraining order;

in a case where the applicant is not the defendant:

the applicant was not, in any way, involved in the commission of the Tribunal offence; and

if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Tribunal offence—the property was not proceeds of the Tribunal offence; or

in any case—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.

a restraining order is made in reliance on a person’s conviction of a Tribunal offence or the charging of a person with such an offence; or

a restraining order is made in reliance on the proposed charging of a person with a Tribunal offence and the person is, within 1 month after the making of the order, charged with the Tribunal offence or a related Tribunal offence;

if the charge is withdrawn and the person is not charged with a related Tribunal offence within 28 days after the day the charge is withdrawn, the restraining order ceases to be in force at the end of that period;

if the person is acquitted of the charge and the person is not charged with a related Tribunal offence within 28 days after the day the acquittal occurs, the restraining order ceases to be in force at the end of that period;

if some or all of the property subject to the restraining order is forfeited under Part 6, the restraining order, to the extent to which it relates to that property, ceases to be in force when that property is forfeited;

the restraining order ceases to be in force if and when it is revoked.

references in that Part to an indictable offence or to a serious offence were references to the Tribunal offence that is the subject of the proceeds request; and

subparagraphs 202(5)(a)(ii) and (c)(ii), paragraph 202(5)(e) and subsection 205(1) of that Act were omitted.

determining whether an account is held by a specified person with the financial institution;

determining whether a particular person is a signatory to an account;

if a person holds an account with the institution, the current balance of the account;

details of transactions on such an account over a specified period of up to 6 months;

details of any related accounts (including names of those who hold those accounts);

a transaction conducted by the financial institution on behalf of a specified person.

(a) to determine whether to take any action under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division; or

(b) in relation to proceedings under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division.

state that the officer giving the notice believes that the notice is required:

(i) to determine whether to take any action under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division; or

(ii) in relation to proceedings under this Division, or under the Proceeds of Crime Act 2002 in connection with the operation of this Division;

specify the name of the financial institution; and

specify the kind of information or documents required to be provided; and

specify the form and manner in which that information or those documents are to be provided; and

state that the information or documents must be provided within 14 days after the day the notice is received; and

if the notice specifies that information about the notice must not be disclosed—set out the effect of section 40AL (disclosing existence or nature of a notice); and

set out the effect of section 40AM (failing to comply with a notice).

a financial institution; or

an officer, employee or agent of the institution acting in the course of that person’s employment or agency;

the person makes a statement (whether orally, in a document or in any other way); and

the statement:

is false or misleading; or

omits any matter or thing without which the statement is misleading; and

the statement is made in, or in connection with, a notice under section 40AH.

the person is given a notice under section 40AH; and

the notice states that information about the notice must not be disclosed; and

the person discloses the existence or nature of the notice.

the person is given a notice under section 40AH; and

the person fails to comply with the notice.

the person fails to comply with the notice only because the person does not provide information or a document within the period specified in the notice; and

the person took all reasonable steps to provide the information or document within that period; and

the person provides the information or document as soon as practicable after the end of that period.

references in that Part to a serious offence were references to the Tribunal offence that is the subject of the proceeds request; and

(b) disclosing the existence or the operation of the order for the purpose of complying with a person’s obligations under Proceeds of Crime Act 2002.section 40AO of this Act were a purpose specified in subsection 223(4) of the

the Attorney-General; or

an APS employee who is in the Department and who is specified by the Attorney-General by written notice to the enforcement agency.

a reference in that Part to tainted property were a reference to proceeds of the Tribunal offence that is the subject of the proceeds request; and

a reference in that Part to evidential material were a reference to evidential material as defined in section 4 of this Act for the purposes of this Subdivision; and

(c) the words “or International War Crimes Tribunals Act 1995” were inserted after “this Act” in paragraph 254(1)(a) of the Proceeds of Crime Act 2002; andsection 40AS, 40AT or 40AU of the

(d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act 2002 were omitted.

the property or thing:

is proceeds of the Tribunal offence that are not of a kind specified in the warrant; or

is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or

is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or

is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or

will afford evidence as to the commission of an offence against an Australian law; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

the property or thing:

is proceeds of the Tribunal offence that are not of a kind specified in the warrant; or

is evidential material relating to the Tribunal offence that is not of a kind specified in the warrant; or

is proceeds of, or evidential material relating to, another Tribunal offence in relation to which a POCA search warrant is in force; or

is relevant to a proceeding in the Tribunal in respect of the Tribunal offence; or

will afford evidence as to the commission of an offence against an Australian law; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

the applicant is entitled to possession of the property; and

the property is not proceeds of the relevant Tribunal offence; and

the person who is believed or alleged to have committed the relevant Tribunal offence has no interest in the property.

it is evidential material; or

it is property of a kind referred to in subparagraph 40AR(a)(iv) or (v).

it has been seized under a POCA search warrant in relation to a Tribunal offence; and

it is not:

evidential material; or

property of a kind referred to in subparagraph 40AR(a)(iv) or (v).

a forfeiture order in relation to the property has not been registered in a court under Part 6; and

a restraining order has not been made as described in Subdivision B in respect of the property in relation to the Tribunal offence;

if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property—must arrange for the property to be given to the Official Trustee in accordance with the direction; or

(b) if there is in force at the end of that period an order under subsection (6) in relation to the property—must arrange for the property to be retained until it is dealt with in accordance with another provision of this Act or the Proceeds of Crime Act 2002.

to the court in which the restraining order was registered; or

to the court by which the restraining order was made;

(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a Tribunal offence; and

the seized item is:

evidential material; or

property or a thing of a kind referred to in subparagraph 40AR(a)(iv); and

(c) the seized item is seized by a person (the seizing officer) who is:

an authorised officer; or

a person assisting in relation to the warrant.

on or after the commencement of this item; or

before the commencement of this item, if, immediately before that commencement, the Attorney-General had yet to make a decision on the request.

whether property or a thing to which the proceeds request relates was acquired before, on or after that commencement; and

whether conduct or an offence to which the proceeds request relates occurred before, on or after that commencement.

assisting the investigation and prosecution of:

(i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002); and

(ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995);

assisting the investigation and prosecution of:

(i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002); and

(ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995);

in Subdivision F of Division 2 of Part VI—evidence relating to:

property in relation to which a foreign forfeiture order or foreign restraining order has been or could be made; or

property of a person in relation to whom a foreign pecuniary penalty order has been or could be made; or

tainted property; or

benefits derived from the commission of a foreign serious offence; or

otherwise—a thing relevant to a proceeding or investigation, including such a thing in electronic form.

proceeds of a foreign serious offence; or

an instrument of a foreign serious offence.

a reference in that Part to tainted property were a reference to tainted property within the meaning of this Act; and

a reference in that Part to evidential material were a reference to evidential material as defined in subsection 3(1) of this Act for the purposes of this Subdivision; and

the words “or section 34ZD, 34ZE or 34ZF of the Mutual Assistance Act” were inserted after “this Act” in paragraph 254(1)(a) of the Proceeds of Crime Act; and

paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da) and sections 256 to 262 of the Proceeds of Crime Act were omitted.

the property or thing:

is tainted property of the foreign serious offence that is not of a kind specified in the warrant; or

is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or

is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or

is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or

will afford evidence as to the commission of an Australian criminal offence; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

the property or thing:

is tainted property of the foreign serious offence that is not of a kind specified in the warrant; or

is evidential material relating to the foreign serious offence that is not of a kind specified in the warrant; or

is tainted property of, or evidential material relating to, another foreign serious offence in relation to which a POCA search warrant is in force; or

is relevant to a criminal proceeding in respect of the foreign serious offence in the foreign country that requested the assistance referred to in section 34ZG in relation to that offence; or

will afford evidence as to the commission of an Australian criminal offence; and

the seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

it is evidential material; or

it is property of a kind referred to in subparagraph 34ZCA(a)(iv) or (v).

it has been seized under a POCA search warrant in relation to a foreign serious offence; and

it is not:

evidential material; or

property of a kind referred to in subparagraph 34ZCA(a)(iv) or (v).

(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a foreign serious offence; and

the seized item is:

evidential material; or

property or a thing of a kind referred to in subparagraph 34ZCA(a)(iv); and

(c) the seized item is seized by a person (the seizing officer) who is:

an authorised officer; or

a person assisting in relation to the warrant.

whether property or a thing to which the application relates was acquired before, on or after that commencement; and

whether the conduct to which the application relates occurred before, on or after that commencement; and

whether the authorisation relating to the application was given under section 34ZG of the MACM Act before, on or after that commencement.

whether property or a thing to which the warrant relates was acquired before, on or after that commencement; and

whether the conduct to which the warrant relates occurred before, on or after that commencement; and

whether the application for the warrant was made before, on or after that commencement; and

whether the authorisation relating to the application for the warrant was given under section 34ZG of the MACM Act before, on or after that commencement.

a requirement to produce documents or other articles that is made on or after the commencement of this item;

a requirement to produce documents or other articles that is made before the commencement of this item if:

the documents or other articles had not been produced immediately before the commencement of this item; or

the documents or other articles were produced before the commencement of this item but, immediately before that commencement, the documents (or copies of the documents) or other articles had not been sent to the Attorney-General as required by paragraph 13(2)(b) or subsection 13(2D) of that Act.

the person fails to comply with the notice only because the person does not provide information or a document within the period specified in the notice; and

the person took all reasonable steps to provide the information or document within that period; and

the person provides the information or document as soon as practicable after the end of that period.

the discharge of the recognisances on which bail was granted; and

that the person be committed to prison to await surrender under the warrant.

the Federal Court makes an order under subsection (2) that the person be surrendered to New Zealand or confirming an order under paragraph 34(1)(c); or

on appeal, the Full Court or the High Court makes an order that the person be surrendered to New Zealand or confirming such an order;

the condition arises from a pledge:

by the first person of the personal services of the first person; or

by another person of the personal services of the first person, and the first person is under the other person’s control; or

by the first person of the personal services of another person who is under the first person’s control; and

the pledge is made as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given) by the person making the pledge; and

any of the following apply:

the debt owed or claimed to be owed is manifestly excessive;

the reasonable value of those services is not applied toward the liquidation of the debt or purported debt;

the length and nature of those services are not respectively limited and defined.

in the case of an offence against this Subdivision—the alleged victim has been coerced, threatened or deceived; or

in the case of an offence against section 270.5—the alleged victim was significantly deprived of personal freedom; or

in the case of an offence against section 270.7B—the alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or

in the case of an offence against section 270.7C—another person has caused the alleged victim to enter into debt bondage.

the person’s spouse or de facto partner; or

a parent, step-parent or grandparent of the person; or

a child, step-child or grandchild of the person; or

a brother, sister, step-brother or step-sister of the person; or

a guardian or carer of the person.

a de facto partner of the person;

(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.

the person’s spouse or de facto partner; or

a parent, step-parent or grandparent of the person; or

a child, step-child or grandchild of the person; or

a brother, sister, step-brother or step-sister of the person; or

a guardian or carer of the person.

a de facto partner of the person;

(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.

section 271.8;

section 271.9.

an investigation of a suspected offence against this Act;

a proceeding for an alleged offence against this Act;

the number of suspected offences against this Act under investigation during the year;

the number of proceedings for alleged offences against this Act started or carried on during the year;

the resources available during the year for the purposes of investigating such suspected offences and carrying on such proceedings;

the anticipated timetable for finalising:

investigations of such suspected offences; and

such proceedings.

as in force or existing at a particular time; or

as in force or existing from time to time.

specify a day no later than 30 days after the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation; and

be given to the AFP employee before the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation.

specify a day no later than 30 days after the day specified in the first notice given under subsection (6) in relation to the notice of resignation; and

be given to the AFP employee before the day specified in the first notice given under subsection (6) in relation to the notice of resignation.

accept the AFP employee’s notice of resignation; or

terminate the AFP employee’s employment under section 28.

cause a review of the operation of this section to be undertaken as soon as practicable after the fifth anniversary of the commencement of this subsection; and

give the Minister a report of the review.

if the movement of the physical currency is to be effected by a person taking the physical currency out of Australia with the person, and the report is to be given using an electronic system referred to in subsection 53(9)—within the period prescribed by the AML/CTF Rules (which must end at or before the time worked out under subsection (3)); or

the Australian Charities and Not-for-profits Commission; or

ACC information;

ACC operation/investigation;

member of the staff of the ACC.

the significance of the event; and

the need (if any) to coordinate security arrangements in relation to the event with one or more States or Territories or one or more foreign governments; and

any risk assessment relating to the event; and

the potential impact of any security incident relating to the event on Australia’s reputation; and

the anticipated attendees at the event; and

any other matter the Minister considers relevant.

for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

for purposes involving, or for purposes related to, the collection and transmission of information by a communication using a postal, telegraphic, telephonic or other like service; or

in, or for purposes related to, a Territory; or

(d) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

in the course of, or for purposes related to, trade or commerce with other countries, and among the States; or

in relation to a person who is an employee of, an office holder in, or otherwise connected with, a corporation to which paragraph 51(xx) of the Constitution applies, where the results of the check are relevant to:

the relationship between the person and the corporation; or

the protection of the corporation; or

the activities of the corporation; or

for purposes related to external affairs; or

for purposes related to the background checking of, or the protection of, aliens; or

for purposes related to:

Australia’s national security; or

the defence of Australia; or

a national emergency; or

(iv) the prevention of conduct to which Criminal Code applies; orPart 5.3 or 5.5 of the

by way of the provision of a service, for a purpose of the Commonwealth, to:

the Commonwealth; or

an authority of the Commonwealth; or

for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

the giving to the Secretary of information, relating to an individual in respect of whom a background check is conducted, that is directly necessary for the purpose of conducting the background check;

the criteria against which a background check is to be assessed;

the decision or decisions that may be made as a result of a background check;

the form of advice to be given to an individual in respect of whom a background check is conducted;

the form of advice to be given to other persons about the outcome of a background check.

all background checks to be conducted for the purposes of paragraph 8(1)(d); or

a specified class of background checks.