Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

Division 2 - How freezing orders are obtained  

SECTION 15H   Offences relating to orders made under section 15E  


Offence for stating incorrect names in telephone orders

15H(1)    
A person commits an offence if:


(a) the person states a name of a magistrate in a document; and


(b) the document purports to be a form of *freezing order under section 15E ; and


(c) the name is not the name of the magistrate who made the order.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.



Offence for unauthorised form of order

15H(2)    
A person commits an offence if:


(a) the person states a matter in a form of *freezing order under section 15E ; and


(b) the matter departs in a material particular from the order made by the magistrate.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.



Offence for service of unauthorised form of order

15H(3)    
A person commits an offence if:


(a) the person presents a document to a person; and


(b) the document purports to be a form of *freezing order under section 15E ; and


(c) the document:


(i) has not been approved by a magistrate under that section; or

(ii) departs in a material particular from the terms given by the magistrate under that section.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.



Offence for giving form of order different from that served

15H(4)    
A person commits an offence if:


(a) the person gives a magistrate a form of *freezing order under section 15E relating to a *financial institution; and


(b) the person does so after presenting to the financial institution a document purporting to be a form of the freezing order; and


(c) the form given to the magistrate is not in the same form as the document presented to the financial institution.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.