CONFISCATION ACT 1997 - SECT 31I Extension of freezing orders
CONFISCATION ACT 1997 - SECT 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—
S. 31I(2)(b)(i) amended by Nos 68/2010 s. 48(2)(a), 44/2022 ss 8(1), 62(1)(a).
(i) an application for a restraining order, civil forfeiture restraining order or unexplained wealth restraining order in respect of the money in, or digital asset associated with, the account has been made; and
S. 31I(2)(b)(ii) amended by Nos 68/2010 s. 48(2)(b), 44/2022 s. 62(1)(b).
(ii) the application for the restraining order, civil forfeiture restraining order or unexplained wealth 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—
S. 31I(3)(b)(i) amended by Nos 68/2010 s. 48(2)(c), 44/2022 ss 8(2), 62(2).
(i) when a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is made in respect of the money in, or digital asset associated with, the account to which the freezing order applies; or
S. 31I(3)(b)(ii) amended by Nos 68/2010 s. 48(2)(c), 44/2022 ss 8(2), 62(2).
(ii) if a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is not made in respect of the money in, or digital asset associated with, 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.
S. 31I(5) amended by Nos 68/2010 s. 48(2)(d), 44/2022 ss 8(3), 62(3).
(5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order, civil forfeiture restraining order or unexplained wealth restraining order, that order as the case requires, is not made in respect of the money in, or digital asset associated with, 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.
S. 31I(6) amended by Nos 68/2010 s. 48(2)(e), 44/2022 s. 62(4).
(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, civil forfeiture restraining order or unexplained wealth restraining order, as the case requires, is determined.
(7) A freezing order that has been extended under subsection (2) ceases to be in force—
S. 31I(7)(a) amended by Nos 68/2010 s. 48(2)(f), 44/2022 ss 8(4), 62(5).
(a) when a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is made in respect of the money in, or digital asset associated with, the account to which the freezing order applies; or
S. 31I(7)(b) amended by Nos 68/2010 s. 48(2)(f), 44/2022 ss 8(4), 62(5).
(b) if a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is not made in respect of the money in, or digital asset associated with, 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.
S. 31J inserted by No. 63/2003 s. 10.