Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 3   Amendments relating to providing mutual assistance in criminal matters

Part 5   Proceeds of crime

Mutual Assistance in Criminal Matters Act 1987

145   Subsection 34Y(1)

Repeal the subsection, substitute:

(1) If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a monitoring order under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request, so long as the foreign serious offence is:

(a) an offence punishable by imprisonment for 3 or more years that:

(i) involves unlawful conduct relating to a narcotic substance; or

(ii) is a money laundering offence; or

(iii) involves unlawful conduct by a person that causes, or is intended to cause, a benefit to the value of at least $10,000 for that person or another person; or

(iv) involves unlawful conduct by a person that causes, or is intended to cause, a loss to the foreign country in question or another person of at least $10,000; or

(b) an offence involving the smuggling of migrants; or

(c) an offence involving failure to report financial transactions; or

(d) a cartel offence; or

(e) an offence involving terrorism; or

(f) an ancillary offence in respect of an offence referred to in paragraph (a), (b), (c), (d) or (e).