CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-1A
-
FREEZING ORDERS
History
Pt 2-1A inserted by No 3 of 2010, s 3 and Sch 2 item 3, applicable in relation to an account if there are reasonable grounds to suspect that the balance of the account:
(a) is proceeds of an indictable offence, a foreign indictable offence or an indictable offence of Commonwealth concern; or
(b) is wholly or partly an instrument of a serious offence;
whether the conduct constituting the offence occurs before, on or after 20 February 2010.
Division 2
-
How freezing orders are obtained
History
Div 2 inserted by No 3 of 2010, s 3 and Sch 2 item 3, applicable in relation to an account if there are reasonable grounds to suspect that the balance of the account:
(a) is proceeds of an indictable offence, a foreign indictable offence or an indictable offence of Commonwealth concern; or
(b) is wholly or partly an instrument of a serious offence;
whether the conduct constituting the offence occurs before, on or after 20 February 2010.
SECTION 15FA
Prohibition of publication of evidence
-
proceedings for freezing orders
15FA(1)
If an *authorised officer applies to a magistrate for a *freezing order in accordance with this Division, the magistrate may make an order under subsection (2).
15FA(2)
If it appears to the magistrate to be necessary in order to prevent prejudice to the administration of justice, the magistrate may make an order prohibiting or restricting the publication of all or any of the following matters:
(a)
if the application is made under section
15C
(in person)
-
the matters referred to in that section that are contained in an affidavit made in support of the application;
(b)
if the application is made under section
15D
(by telephone or other electronic means)
-
the matters referred to in paragraph
15D(2)(a)
that are contained, or that are to be contained, in an affidavit made in support of the application.
15FA(3)
The magistrate may make an order under subsection (2) at any time after the application is made and before it is determined.
15FA(4)
The power conferred by subsection (2) is in addition to, and is not taken to derogate from, any other power of the magistrate.
History
S 15FA inserted by No 24 of 2012, s 3 and Sch 6 item 7, applicable in relation to an application made on or after 5 April 2012 for a freezing order under that Act (whether the conduct on the basis of which the freezing order is sought occurred before, on or after 5 April 2012).