An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes
Part 4 Other requests by ICC
Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC
Subdivision F—Search warrants relating to proceeds of crime and property-tracking documents
97 Requests for search warrants
(1) If:
the request from the ICC referred to in section 81 involves the issue of a search warrant relating to the proceeds of the crime within the jurisdiction of the ICC or a property-tracking document; 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 proceeds of the crime, or a property-tracking document in relation to the crime, is reasonably suspected of being located in Australia;
the Attorney-General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a search warrant under the Proceeds of Crime Act in relation to the proceeds or document.
(2) The State or Territory specified must be a State or Territory in which:
the proceeds, or some or all of the proceeds, are reasonably suspected of being located; or
the document is, or some or all of the documents are, reasonably suspected of being located.
98 Applying for and issuing search warrants
If so authorised, the authorised officer may apply for such a search warrant, in relation to those proceeds or that document, in respect of the crime.
Part 3-5 of the Proceeds of Crime Act applies to the application, and to any search warrant issued as a result.
It applies as if: references in that Part to a property-tracking document were references to a property-tracking document relating to the crime; and
references in that Part to a magistrate were references to a magistrate of the State or Territory specified in the authorised officer’s authorisation under subsection 97(1); and
paragraph 228(1)(d) and sections 256 to 258 of that Act were omitted.
99 Seizure of other property and documents
(1) A search warrant issued under Part 3-5 of the Proceeds of Crime Act in relation to a crime within the jurisdiction of the ICC authorises an authorised officer to seize property or a thing that he
or she finds and believes on reasonable grounds to be:
proceeds of the crime or a property-tracking document in relation to the crime, although not of the kind specified in the warrant; or
proceeds of, or a property-tracking document in relation to, another crime within the jurisdiction of the ICC in relation to which a search warrant issued under that Part is in force; or something that:
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 Australian criminal offence.
(2) However, this section only applies if the authorised officer believes on reasonable grounds that it is necessary to seize the property or thing in order to prevent its concealment, loss or destruction or its use in committing an offence.
Enforcement of forfeiture orders
Search and seizure - authority - ICC proceedings
Search and seizure - national procedures for ICC proceedings
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