CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-1A
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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 4
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Duration of freezing orders
History
Div 4 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 15N
When a freezing order is in force
15N(1)
A *freezing order relating to an *account with a *financial institution comes into force when a copy of the order (or of a form of the order under section
15E
) is given to the institution. However, the order does not come into force if the copy is given to the institution after the end of the first *working day after the order is made.
15N(2)
The *freezing order remains in force until:
(a)
the end of the period specified in the order (as affected by section
15P
if relevant) from when the copy of the order was given to the institution; or
(b)
if, before the end of that period, a court makes a decision on an application for a *restraining order to cover the *account
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the time the court makes that decision.
15N(3)
The *freezing order, as originally made, must not specify a period of more than 3 *working days.
History
S 15N 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.