Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31I

Extension of freezing orders

31I. Extension of freezing orders



(1) A person who applied for a freezing order may apply to the Magistrates'
Court for an extension of the duration of that freezing order.

(2) On an application under subsection (1), the Magistrates' Court-

   (a)  must have regard to the matters set out in section 31F(2); and





   (b)  must not extend the duration of a freezing order unless the Court is
        satisfied that-

   (i)  an application for a restraining order in respect of the money in the
        account has been made; and

   (ii) the application for the restraining order has not been determined.

(3) If the Magistrates' Court extends the duration of a freezing order, the
applicant for the extension must give a written notice to the relevant
financial institution stating that-

   (a)  the duration of the freezing order has been extended; and

   (b)  the extended freezing order ceases to be in force-

   (i)  when a restraining order is made in respect of the money in the
        account to which the freezing order applies; or

   (ii) if a restraining order is not made in respect of the money in the
        account to which the freezing order applies, when the financial
        institution is given notice under subsection (5) that the extended
        freezing order has ceased to be in force.

(4) A written notice under subsection (3) must be given within 6 hours after
the Magistrates' Court extends the freezing order.

(5) If the Magistrates' Court extends the duration of a freezing order and, on
the determination of an application for a restraining order, a restraining
order is not made in respect of the money in the account to which the freezing
order applies, the applicant for the extension of the freezing order must give
a written notice to the relevant financial institution stating that the
extended freezing order has ceased to be in force.

(6) A written notice under subsection (5) must be given as soon as
practicable, but not more than 6 hours after the application for the
restraining order is determined.

(7) A freezing order that has been extended under subsection (2) ceases to be
in force-

   (a)  when a restraining order is made in respect of the money in the
        account to which the freezing order applies; or

   (b)  if a restraining order is not made in respect of the money in the
        account to which the freezing order applies, when the financial
        institution is given notice under subsection (5) that the extended
        freezing order has ceased to be in force.