Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31D

Application for freezing order

31D. Application for freezing order



(1) An authorised member of the police force may apply to the Magistrates'
Court for a freezing order if the applicant believes on reasonable grounds
that-

   (a)  the person in whose name the account is held in respect of which the
        freezing order is sought or a person who has an interest in that
        account-

   (i)  has committed, or is about to commit, a Schedule 1 offence or a
        Schedule 2 offence; or

   (ii) was involved in the commission, or is about to be involved in the
        commission, of such an offence; or

   (iii) has benefited directly or indirectly, or is about to benefit directly
        or indirectly, from the commission of such an offence; and

   (b)  an application for a restraining order is likely to be made in respect
        of property in which the person-

   (i)  in whose name the account is held has an interest; or

   (ii) who has an interest in the account in respect of which a freezing
        order is sought, has an interest.

(2) Subject to this section and section 31E, an application under subsection
(1) must be supported by an affidavit setting out-

   (a)  the grounds on which the freezing order is sought; and

   (b)  the name or names in which the relevant account is held; and

   (c)  the financial institution with which the account is held; and

   (d)  the account number or, if this is not known to the applicant, a
        description of the account that is sufficient to identify the account.

(3) If the applicant for a freezing order believes that it is impracticable
for an affidavit to be prepared and sworn before the application is made, an
application may be made before an affidavit is prepared or sworn.

(4) If subsection (3) applies, the applicant for a freezing order must-

   (a)  provide as much information as the Magistrates' Court considers is
        reasonably practicable in the circumstances; and

   (b)  not later than the day following the making of the application, send a
        duly sworn affidavit to the venue of the Magistrates' Court that
        determined the application, whether or not a freezing order has been
        made.





(5) In addition to the powers of the Magistrates' Court under section 126 of
the Magistrates' Court Act 1989, the Court may order that the whole or any
part of the proceedings for an application for a freezing order be heard in
closed court if the Court is of the opinion that it is necessary to do so in
order not to prejudice an investigation by a member of the police force.