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 4 - Duration of freezing orders  

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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  

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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 - 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The *freezing order, as originally made, must not specify a period of more than 3 *working days.

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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.

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