Part 2Freezing orders

Part 2—Freezing orders 15—Interpretation In this Part— authorised police officer means a police officer, or a police officer of a class, authorised under section 16. 16—Commissioner may authorise police officers for purposes of Part (1) The Commissioner of Police may authorise— (a) a police officer; or (b) a specified class of police officers, for the purposes of this Part. (2) An authorisation under this section— (a) must be by instrument in writing; and (b) may be subject to conditions specified in the authorisation; and (c) may be varied or revoked at any time by the Commissioner of Police by notice in writing. 17—Authorised police officer may apply for freezing order (1) A magistrate may, on application by an authorised police officer, make an order (a freezing order) that a specified financial institution must not allow any person to make transfers or withdrawals from a specified account or an account of a specified class (except in the manner and circumstances, if any, specified in the order) if satisfied that— (a) there are reasonable grounds to suspect that the person in whose name the account is held or a person who has an interest in that account— (i) has committed, or is about to commit, a serious offence; or (ii) was involved in the commission, or is about to be involved in the commission, of such an offence; or (iii) has derived a benefit, or is about to derive a benefit, from the commission of such an offence; and (b) an application for a restraining order is likely to be made in respect of property in which— (i) the person in whose name the account is held has an interest; or (ii) the person who has an interest in the account has an interest; and (c) it is otherwise appropriate to make the order. (2) In determining whether it is appropriate to make a freezing order, the magistrate— (a) must have regard to any hardship that may reasonably be expected to be caused to any person by the operation of the order; and (b) may have regard to— (i) the amount of money in the account to be frozen; and (ii) whether the account is held in the name of more than one person; and (iii) any other relevant matter. (3) Subject to section 18, the applicant for a freezing order must submit evidence in support of the application in the form of an affidavit. 18—Urgent applications (1) An application for a freezing order may be made by telephone if, in the opinion of the applicant, the order is urgently required and there is not enough time to make the application personally. (2) If an application for a freezing order is made by telephone— (a) the applicant must inform the magistrate— (i) of the applicant's name and rank; and (ii) that he or she is an authorised police officer for the purposes of this Part, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is so authorised; and (b) the applicant must inform the magistrate of the purpose for which the order is required, the grounds on which it is sought and any other information that the magistrate is required to have regard to in considering an application for a freezing order; and (c) if it appears to the magistrate from the information given by the applicant that it would be appropriate to make a freezing order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the magistrate may then make the order, noting on the order the facts that justify, in the magistrate's opinion, the making of the order and informing the applicant of the terms of the order; and (e) the applicant must, as soon as practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c); and (f) the magistrate must, as soon as practicable after the making of the order, forward to the applicant a copy of the order. (3) A magistrate who makes an order under this section must file the order, or a copy of the order, and the affidavit verifying the grounds on which the application for the order was made, in the Magistrates Court. 19—Notice of freezing order to be given to financial institution (1) A freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the order is given to the financial institution in accordance with this section. (2) Notice of a freezing order may be given to a financial institution— (a) by giving the financial institution a copy of the freezing order; or (b) if the applicant for the order was not given a copy of the order at the time the order was made—by giving the financial institution a notice in the prescribed form. (3) If notice of a freezing order is not given to the relevant financial institution within 72 hours after the order was made, the order will be of no force or effect. 20—Effect of freezing order (1) For the purposes of a freezing order, it is irrelevant whether or not money is deposited into the account in relation to which the freezing order was made after the order takes effect. (2) A freezing order does not prevent a financial institution from making withdrawals from an account for the purpose of meeting a liability imposed on the financial institution in connection with that account by any law of the State or the Commonwealth. 21—Duration of freezing order (1) Subject to this section, a freezing order ceases to be in force on— (a) the making of a restraining order in respect of the money in the account; or (b) the expiration of the period of 7 days commencing when the freezing order takes effect, whichever occurs first. (2) An authorised police officer may apply to a magistrate for an extension of the duration of a freezing order. (3) On an application under subsection (2), the magistrate— (a) must have regard to the matters specified in section 17(2)(a) (and may have regard to any matter specified in section 17(2)(b)); and (b) must not extend the duration of the freezing order unless satisfied that an application for a restraining order in respect of the money in the account is to be made or has been made but not yet determined. (4) An extension of the duration of a freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the extension is given to the financial institution in accordance with this section. (5) Notice of the extension may be given to a financial institution by giving the financial institution a notice in the prescribed form. (6) If the duration of a freezing order is extended in accordance with this section, the freezing order ceases to be in force when the application for the restraining order referred to in subsection (3)(b) has been determined (and if a restraining order is not made in respect of the money in the account, the applicant for the extension must give the financial institution a notice in the prescribed form advising the financial institution of the cessation of the freezing order). 22—Failure to comply with freezing order A financial institution or other person that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order. Maximum penalty: $100 000. 23—Offence to disclose existence of freezing order (1) A financial institution that has been given notice of a freezing order made in relation to an account must not, while the order is in force, disclose the existence or operation of the order to any person except— (a) a police officer; or (b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or (c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or (d) a person in whose name the account is held or who has an interest in the account. Maximum penalty: $20 000. (2) If the existence of a freezing order is disclosed to a person in accordance with subsection (1)(a), (b) or (c) in the course of the person performing duties as a police officer, an officer or agent of a financial institution or a legal practitioner, the person must not, while the order is in force, disclose to any other person the existence or operation of the order except— (a) for the purpose of performing duties as a police officer, an officer or agent of the financial institution or a legal practitioner (as the case may be); or (b) for the purposes of, or in connection with, legal proceedings; or (c) as otherwise required or authorised by this Act. (3) A reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.