Explanatory Note

(This note is not part of the Order)

This Order amends the Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996 (S.I. 1996/2880) (“The 1996 Order”) which provides that, subject to certain modifications, the Drug Trafficking Act 1994 applies to an order made by a court of a designated country or territory for the purposes of recovering payments or other rewards received in connection with drug trafficking or their value, and to proceedings which have been or are to be instituted in a designated country and may result in such an order being made there.

Article 2 of the Order amends Schedule 1 to the 1996 Order so as to add Austria, Benin, Botswana, Hungary, Kazakhstan, Tonga and the United Republic of Tanzania to the list of designated countries. Article 3 of the Order amends a modification of the Drug Trafficking Act 1994 in the 1996 Order to provide an amended ground for the court to make a restraint order or charging order where such an order has been made or may be made in a designated country or territory. Article 4 of the Order makes a like amendment to the Act as modified in the 1996 Order. Article 5 of the Order amends the Appendix to the 1996 Order to substitute a revised point at which proceedings are instituted in Australia.