Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)
Schedule 5 Jurisdiction of courts
Part 1 Amendments
Proceeds of Crime Act 2002
2 After section 68
Insert:
68A Third exception - property located outside Australia
(1) Despite section 66, if property specified in a *forfeiture order is property located outside *Australia:
(a) that property vests in equity in the Commonwealth; and
(b) that property only vests in the Commonwealth at law to the extent permitted under the law in force in the place where that property is located; and
(c) the *responsible authority has power, on behalf of the Commonwealth, to do anything necessary or convenient to:
(i) give notice of, or otherwise protect, the Commonwealth's equitable interest in that property; or
(ii) arrange for the enforcement of, or give effect to, the forfeiture order.
Note: The following is an example of action by the responsible authority under subparagraph (1)(c)(ii): arranging for a request under section 32 of the *Mutual Assistance Act in relation to the enforcement of the forfeiture order.
(2) Any action by the *responsible authority under subparagraph (1)(c)(i) is not a dealing for the purposes of subsection 69(1).
(3) Despite section 66 and subsection (1) of this section, if:
(a) property specified in a *forfeiture order is property located outside *Australia; and
(b) under the law in force in the place where that property is located, that property vests in a person;
that property vests in that person under that law.
(4) Subsection (3) does not affect any equitable interest vested in the Commonwealth by paragraph (1)(a).
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