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 3
-
Giving effect to freezing orders
History
Div 3 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 15M
15M
Protection from suits etc for those complying with orders
No action, suit or proceeding lies against:
(a)
a *financial institution; or
(b)
an *officer or *agent of the institution acting in the course of that person's employment or agency;
in relation to any action taken by the institution or person in complying with a *freezing order or in the mistaken belief that action was required under a freezing order.
Note:
This section does not affect any action that may lie against anyone else for the making or operation of a freezing order.
History
S 15M 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.