Proceeds of Crime Act 2002
CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-1A
-
FREEZING ORDERS
Division 1
-
Making freezing orders
SECTION 15B
Making freezing orders
15B(1)
A magistrate must order that a *financial institution not allow a withdrawal from an *account with the institution, except in the manner and circumstances specified in the order, if: (a) an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the order in accordance with Division 2 ; and (b) there are reasonable grounds to suspect that the balance of the account:
15B(2)
An order made under subsection (1) covers the balance of the *account from time to time.
Order need not be based on commission of particular offence
15B(3)
The reasonable grounds referred to in paragraph (1)(b) , and the satisfaction referred to in paragraph (1)(c) , need not be based on a finding as to the commission of a particular offence.
View history note
Hide history noteA magistrate must order that a *financial institution not allow a withdrawal from an *account with the institution, except in the manner and circumstances specified in the order, if: (a) an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the order in accordance with Division 2 ; and (b) there are reasonable grounds to suspect that the balance of the account:
(i) is *proceeds of an *indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern (whether or not the identity of the person who committed the offence is known); or
(c) the magistrate is satisfied that, unless an order is made under this section, there is a risk that the balance of the account will be reduced so that a person will not be deprived of all or some of such proceeds or such an instrument.
(ii) is wholly or partly an *instrument of a *serious offence; and
Note 1:
Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti-Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.
Note 2:
The balance of the account may be proceeds of an offence even though the balance is only partly derived from the offence: see section 329 .
15B(2)
An order made under subsection (1) covers the balance of the *account from time to time.
Order need not be based on commission of particular offence
15B(3)
The reasonable grounds referred to in paragraph (1)(b) , and the satisfaction referred to in paragraph (1)(c) , need not be based on a finding as to the commission of a particular offence.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.