Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

Division 4 - Duration of freezing orders  

SECTION 15P   Order extending a freezing order  

15P(1)    
A magistrate may make an order extending the period specified in a *freezing order made in relation to an *account with a *financial institution if:

(a)    an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the extension; and

(b)    the magistrate is satisfied that an application has been made to a court (but not decided by the court) for a *restraining order to cover the account (whether or not the restraining order is also to cover other property).

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.

15P(2)    
The extension may be for:

(a)    a specified number of *working days; or

(b)    the period ending when the court decides the application for the *restraining order.

15P(3)    
The extension does not have effect unless a copy of the order for the extension is given to the *financial institution before the time the *freezing order would cease to be in force apart from the extension.

15P(4)    
The following provisions apply in relation to an order extending a *freezing order in a way corresponding to the way in which they apply in relation to a freezing order:

(a)    Division 2 (except paragraphs 15C(c) and (d) );

(b)    section 15J (except the note to that section).

15P(5)    
Division 2 applies because of subsection (4) as if:

(a)    section 15C also required that an affidavit supporting an application:

(i) identify the *freezing order; and

(ii) state that an application has been made for a *restraining order to cover the *account; and

(b)    the reference in subsection 15E(1) to section 15B were a reference to subsection (1) of this section.