Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

Division 5 - Varying scope of freezing orders  

SECTION 15Q   Magistrate may vary freezing order to allow withdrawals or transactions to meet reasonable expenses  

15Q(1)    

A magistrate may vary a *freezing order relating to an *account with a *financial institution so that the institution may allow a withdrawal from or transaction involving the account to meet one or more of the following relating to a person in whose name the account is held:

(a)    the reasonable living expenses of the person;

(b)    the person has given written notice of the application and the grounds for the application to the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the *authorised officer who applied for the freezing order; and

(c)    the reasonable business expenses of the person;

(d)    a specified debt incurred in good faith by the person.

15Q(2)    
The magistrate may vary the *freezing order only if:

(a)    a person in whose name the *account is held has applied for the variation; and

(b)    the person has notified the *DPP in writing of the application and the grounds for the application; and

(c)    the magistrate is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with:

(i) proceedings under this Act; or

(ii) proceedings for an offence against a law of the Commonwealth, a State or a Territory; and

(d)    the magistrate is satisfied that the person cannot meet the expense or debt out of property that is not covered by:

(i) a freezing order; or

(ii) a *restraining order; or

(iii) an *interstate restraining order; or

(iv) a *foreign restraining order that is registered under the *Mutual Assistance Act.

15Q(3)    
The variation does not take effect until written notice of it is given to the *financial institution.