Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

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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  

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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 15J   Service of freezing order etc on financial institution and account-holder  

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15J(1)    
If a magistrate makes a *freezing order relating to an *account with a *financial institution, the applicant for the order must cause the things described in subsection (2) to be given to:

(a) the financial institution; and

(b) each person in whose name the account is held.

15J(2)    
The things are as follows:

(a) a copy of the order (or of a form of the order under section 15E );

(b) a written statement of the name and contact details of the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the applicant.

Note:

If the copy of the order is given to the financial institution after the end of the first working day after the order is made, the order does not come into force: see subsection 15N(1) .

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History

S 15J 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.

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