31GNotice of freezing order

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.