Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-1A
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FREEZING ORDERS
Division 2
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How freezing orders are obtained
SECTION 15C
15C
Affidavit supporting application made in person
If an *authorised officer applies in person to a magistrate for a *freezing order relating to an *account with a *financial institution, the application must be supported by an affidavit of an authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 : (a) setting out sufficient information to identify the account (for example, the account number); and (b) identifying the financial institution; and (c) setting out the grounds to suspect that the balance of the account:
View history note
Hide history noteIf an *authorised officer applies in person to a magistrate for a *freezing order relating to an *account with a *financial institution, the application must be supported by an affidavit of an authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 : (a) setting out sufficient information to identify the account (for example, the account number); and (b) identifying the financial institution; and (c) setting out the 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; or
(d) setting out the grounds on which a person could be satisfied that, unless the order is made, 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 of such an instrument.
(ii) is wholly or partly an *instrument of a *serious offence; and
Note:
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.
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