Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1A - FREEZING ORDERS  

Division 2 - How freezing orders are obtained  

SECTION 15H   Offences relating to orders made under section 15E  

Offence for stating incorrect names in telephone orders

15H(1)    
A person commits an offence if:

(a) the person states a name of a magistrate in a document; and

(b) the document purports to be a form of *freezing order under section 15E ; and

(c) the name is not the name of the magistrate who made the order.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Offence for unauthorised form of order

15H(2)    
A person commits an offence if:

(a) the person states a matter in a form of *freezing order under section 15E ; and

(b) the matter departs in a material particular from the order made by the magistrate.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Offence for service of unauthorised form of order

15H(3)    
A person commits an offence if:

(a) the person presents a document to a person; and

(b) the document purports to be a form of *freezing order under section 15E ; and

(c) the document:

(i) has not been approved by a magistrate under that section; or

(ii) departs in a material particular from the terms given by the magistrate under that section.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Offence for giving form of order different from that served

15H(4)    
A person commits an offence if:

(a) the person gives a magistrate a form of *freezing order under section 15E relating to a *financial institution; and

(b) the person does so after presenting to the financial institution a document purporting to be a form of the freezing order; and

(c) the form given to the magistrate is not in the same form as the document presented to the financial institution.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.