Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

Division 2 - How freezing orders are obtained  

SECTION 15E   Making order by telephone etc  

15E(1)    
The magistrate may complete and sign the same form of *freezing order that would be made under section 15B if satisfied that:

(a) a freezing order should be issued urgently; or

(b) the delay that would occur if an application were made in person would frustrate the effectiveness of the order.

15E(2)    
If the magistrate makes the *freezing order, he or she must inform the applicant, by telephone, fax or other electronic means, of the terms of the order and the day on which and the time at which it was signed.

15E(3)    
The applicant must then:

(a) complete a form of *freezing order in terms substantially corresponding to those given by the magistrate; and

(b) state on the form:

(i) the name of the magistrate; and

(ii) the day on which the order was signed; and

(iii) the time at which the order was signed.

15E(4)    
The applicant must give the magistrate the form of *freezing order completed by the applicant by the end of:

(a) the second *working day after the magistrate makes the order; or

(b) the first working day after the magistrate makes the order, if it is served on the *financial institution concerned before the first working day after the magistrate makes the order.

15E(5)    
If, before the magistrate made the *freezing order, the applicant did not give the magistrate an affidavit supporting the application and meeting the description in section 15C , the applicant must do so by the time by which the applicant must give the magistrate the form of freezing order completed by the applicant.

15E(6)    
If the applicant does not comply with subsection (5), the *freezing order is taken never to have had effect.

15E(7)    
The magistrate must attach the form of *freezing order completed by the magistrate to the documents provided under subsection (4) and (if relevant) subsection (5).