Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990(1) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1997 and shall come into force on 1st February 1998.

(2) In this Order “the principal Order” means—

(a)in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991; and(2).

(b)in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991(3).

2.  Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended by substituting for the entry for “Australia”the following:

“Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.”

3.  Schedule 2 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order.

4.  Schedule 3 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).

N. H. Nicholls
Clerk of the Privy Council

Article 3

SCHEDULE 1DESIGNATED COUNTRIES—DRUG TRAFFICKING OFFENCES

Designated Country
Appropriate Authority

Austria
Benin
Botswana
Hungary
Kazakhstan
Tonga
United Republic of Tanzania

Article 4

SCHEDULE 2DESIGNATED COUNTRIES—OTHER OFFENCES

Designated Country
Appropriate Authority

Australia
The Attorney General’s Department

Austria

Explanatory Note

(This note is not part of the Order)
This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (S.I. 1991/1463) and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464).
Article 2 substitutes a revised point at which proceedings are instituted in Australia. Article 3 amends Schedule 2 to the 1991 Orders which lists countries designated for drug trafficking offences. Article 4 amends Schedule 3 to the 1991 Orders which lists countries designated for other offences.


(1)
1990 c. 5; section 9 was amended by section 21 of the Criminal Justice Act 1993 (c. 36) and by section 14 of the Proceeds of Crime Act 1995 (c. 11).

(2)
S.I. 1991/1463, amended by S.I. 1992/1721, 1993/1791, 1993/3148, 1994/1640, 1996/2878 and 1997/1317.

(3)
S.I. 1991/1464, amended by S.I. 1992/1721, 1993/1791, 1993/3148, 1994/1640, 1996/2878 and 1997/1317.