Confiscation of Proceeds of Crime Regulation 2021
11Records relating to issue and execution of freezing notices
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11 Records relating to issue and execution of freezing notices
11 Records relating to issue and execution of freezing notices
(1) For the purposes of the Act, section 42H(2), the record made under the Act, section 42H(1) must be as follows—
(a) made in Form 6,
(b) kept by the appropriate Local Court registrar for not less than 6 years after the freezing notice is issued,
(c) made available for inspection by a person who receives notice of the notice during ordinary business hours.
(2) An authorised justice must cause a record to be made of an unsuccessful application for a freezing notice and the record must be kept by the appropriate Local Court registrar for not less than 6 years after the refusal.
(3) A Local Court registrar may, at any time, issue a certificate to the effect that the registrar is satisfied that a document or part of a document referred to in this section contains matter that—
(a) may disclose a person’s identity that, if disclosed, is likely to jeopardise the safety of the person or another person, or
(b) if disclosed, may seriously compromise the investigation of a matter.
(4) The document or part of the document to which the certificate relates must not be made available for inspection under this section.
(5) The certificate must be kept with the document to which it relates.
(6) A Local Court registrar, whether or not the registrar who issued the certificate, may revoke the certificate if satisfied, after considering submissions from an interested party, that disclosure of the matter to which it relates—
(a) is no longer likely to jeopardise a person’s safety, or
(b) may no longer seriously compromise the investigation of a matter.