31FMaking of freezing order

31F Making of freezing order

S. 31F(1) amended by No. 68/2010 s. 47(1).

(1) On an application under section 31D(1), 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

S. 31F(1)(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).

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

S. 31F(1)(c) repealed by No. 27/2016 s. 11.

S. 31F(1A) inserted by No. 68/2010 s. 47(2).

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

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

S. 31F(1A)
(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).

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

S. 31F(1A)(c) repealed by No. 27/2016 s. 11.

S. 31F(1B) inserted by No. 79/2014 s. 13.

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

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

S. 31F(1B)
(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).

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

S. 31F(1B)(c) repealed by No. 27/2016 s. 11.

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

S. 31F(2)(a) amended by No. 44/2022 s. 6.

(a) the amount of money in, or quantum or value of any digital asset associated with, 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