Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31G

Notice of freezing order

31G. Notice of freezing order



(1) If the Magistrates' Court makes a freezing order and a copy of the order
is provided to the applicant in writing or by facsimile at the time the order
is made, a member of the police force must give to the relevant financial
institution-

   (a)  a copy of the freezing order; and

   (b)  a notice in the prescribed form which specifies-

   (i)  that the freezing order takes effect at the time that notice of the
        freezing order is given to the financial institution and lasts for 72
        hours unless the financial institution is otherwise advised by a
        member of the police force that the order-

                (A)  has ceased to have effect; or

                (B)  has been extended by court order under section 31I; and

   (ii) the effect of sections 31K and 31L.

(2) If the Magistrates' Court makes a freezing order and a copy of the order
is not provided to the applicant in writing or by facsimile at the time the
order is made, a member of the police force must give to the relevant
financial institution a notice in the prescribed form which specifies-

   (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; 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; and

   (f)  that the freezing order takes effect at the time that notice of the
        freezing order is given to the financial institution and lasts for 72
        hours unless the financial institution is otherwise advised by a
        member of the police force that the order-

   (i)  has ceased to have effect; or

   (ii) has been extended by court order under section 31I; and

   (g)  the effect of sections 31K and 31L.

(3) A notice under this section must not be given to the relevant financial
institution more than 72 hours after a freezing order has been made.

(4) A notice under this section must be given in accordance with section 137
and, without limiting the generality of that section, may be given by
facsimile.

(5) For the purposes of this section, the regulations may prescribe a
composite form which incorporates the prescribed notice required by subsection
(1) and the prescribed notice required by subsection (2).