Criminal Assets Confiscation Act 2005

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—

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—

has committed, or is about to commit, a serious offence;

was involved in the commission, or is about to be involved in the commission, of such an offence; or

has derived a benefit, or is about to derive a benefit, from the commission of such an offence; and

an application for a restraining order is likely to be made in respect of property in which—

the person in whose name the account is held has an interest;

the person who has an interest in the account has an interest;

it is otherwise appropriate to make the order.

In determining whether it is appropriate to make a freezing order, the magistrate—

must have regard to any hardship that may reasonably be expected to be caused to any person by the operation of the order; and

may have regard to—

the amount of money in the account to be frozen; and

whether the account is held in the name of more than one person;

any other relevant matter.

Subject to section 18, the applicant for a freezing order must submit evidence in support of the application in the form of an affidavit.