Proceeds of Crime Act 2002
CHAPTER 2
-
THE CONFISCATION SCHEME
PART 2-1A
-
FREEZING ORDERS
Division 2
-
How freezing orders are obtained
SECTION 15D
Applying for freezing orders by telephone or other electronic means
15D(1)
An *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 may apply to a magistrate for a *freezing order by telephone, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effectiveness of the order.
15D(2)
An application under subsection (1) : (a) must include all information that would be required in an ordinary application for a *freezing order and supporting affidavit; and (b) if necessary, may be made before the affidavit is sworn.
15D(3)
The magistrate may require: (a) communication by voice to the extent that it is practicable in the circumstances; and (b) any further information.
View history note
Hide history noteAn *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 may apply to a magistrate for a *freezing order by telephone, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effectiveness of the order.
Note:
Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti-Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.
15D(2)
An application under subsection (1) : (a) must include all information that would be required in an ordinary application for a *freezing order and supporting affidavit; and (b) if necessary, may be made before the affidavit is sworn.
15D(3)
The magistrate may require: (a) communication by voice to the extent that it is practicable in the circumstances; and (b) any further information.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.