Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31F

Making of freezing order

31F. Making of freezing order



(1) On an application under section 31D, the Magistrates' Court may make a
freezing order if it is satisfied-

   (a)  that there are reasonable grounds for believing the matters referred
        to in paragraphs (a) and (b) of section 31D(1); and



   (b)  if the application has been made without an affidavit, that-

   (i)  there are sufficiently urgent circumstances to justify the making of
        an application without an affidavit; and

   (ii) it would have been impracticable for an affidavit to have been
        prepared and sworn before the application was made; and

   (c)  if the application has not been made in person, that it would have
        been impracticable for the applicant to have applied in person for the
        freezing order; and

   (d)  that it is appropriate to make the freezing order.

(2) In determining whether a freezing order should be made, the Magistrates'
Court must have regard to-

   (a)  the amount of money in the account to be frozen; and

   (b)  whether the account is held in the name of more than one person; and

   (c)  any hardship that may reasonably be likely to be caused to any person
        by the order.

(3) A freezing order must specify-

   (a)  the name of the magistrate constituting the court which made the
        order; and

   (b)  the date and time at which the order was made; and

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

   (d)  the number of the account to be frozen or a description of the account
        that is sufficient to identify the account; and

   (e)  any conditions to which the order is subject.

(4) A freezing order must be in the prescribed form.

(5) Subject to subsection (6), if the Magistrates' Court makes a freezing
order on an application made in accordance with section 31E, the Court must-

   (a)  inform the applicant of the terms of the freezing order and the date
        on which and the time at which it was made; and

   (b)  if transmission by facsimile machine is available, transmit a copy of
        the freezing order to the applicant.

(6) If a copy of the freezing order has not been transmitted by facsimile
machine, the Magistrates' Court must make a copy of the freezing order
available to the applicant as soon as practicable.