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Confiscation Act 1997
31GNotice of freezing order
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31G Notice of freezing order
S. 31G(1) amended by Nos 37/2014 s. 10(Sch. item 25.5), 33/2018 s. 81(a), 44/2022 s. 27(1), 26/2024 s. 8(1).
(1) If the Magistrates' Court makes a freezing order and a copy of the order is provided to the applicant in writing at the time the order is made, a police officer or an investigative officer must give to the relevant financial institution—
(a) a copy of the freezing order; and
(b) a notice in the prescribed form which specifies—
S. 31G(1)(b)(i) amended by Nos 68/2010 s. 16(2), 37/2014 s. 10(Sch. item 25.5), 44/2022 ss 27(1), 60, 26/2024 s. 8(1).
(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 5 business days unless the financial institution is otherwise advised by a police officer or an investigative officer 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.
S. 31G(2) amended by Nos 37/2014 s. 10(Sch. item 25.5), 33/2018 s. 81(a), 44/2022 s. 27(2), 26/2024 s. 8(2).
(2) If the Magistrates' Court makes a freezing order and a copy of the order is not provided to the applicant in writing at the time the order is made, a police officer or an investigative officer 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
S. 31G(2)(f) amended by Nos 68/2010 s. 16(2), 37/2014 s. 10(Sch. item 25.5), 44/2022 ss 27(2), 60, 26/2024 s. 8(2).
(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 5 business days unless the financial institution is otherwise advised by a police officer or an investigative officer 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.
S. 31G(3) amended by Nos 68/2010 s. 16(2), 44/2022 s. 60.
(3) A notice under this section must not be given to the relevant financial institution more than 5 business days after a freezing order has been made.
S. 31G(4) amended by No. 33/2018 s. 81(b).
(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 or other electronic communication.
(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).
S. 31H inserted by No. 63/2003 s. 10.