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COMMONWEALTHAct
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s 40AN

Applying for and making monitoring orders

In force
Part 4Other forms of assistance to a Tribunal
Division 6Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences
Subdivision EMonitoring orders relating to Tribunal offences

40AN Applying for and making monitoring orders

(1)

An authorised officer may apply for a monitoring order under the Proceeds of Crime Act 2002 in respect of the Tribunal offence that is the subject of the proceeds request, if authorised to do so by the Attorney‑General under section 40AB.

(2)

Part 3‑4 of the Proceeds of Crime Act 2002 applies to the application, and to any monitoring order made as a result.

(3)

That Part applies as if:

(a)

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 section 40AO of this Act were a purpose specified in subsection 223(4) of the Proceeds of Crime Act 2002.

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