Criminal Property Confiscation Act 2000

A freezing notice for any property except registrable real property comes into force when the notice is issued.

A freezing notice issued under section 34(2) for any property except registrable real property stops being in force as soon as any of the following happens —

the property is confiscated under section 6, 7 or 8;

the freezing notice is cancelled under section 40;

the freezing notice is set aside under Part 6.

A freezing notice for property (except registrable real property) issued under section 34(3) on the basis that a person has been or is likely to be charged with an offence stops being in force as soon as one of the following happens —

where the notice was issued on the basis of advice given under section 34(3)(a) — the person is not charged with the offence within 21 days after the date of the freezing notice; or

the charge against the person is disposed of; or

the charge is finally determined, but the person is not declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981; or

the freezing notice is cancelled under section 40; or

the freezing notice is set aside under Part 6; or

the property is confiscated under section 6, 7 or 8.

However, if the freezing notice was issued on 2 or more grounds, but the notice has not ceased to be in force under subsection (3) or (4) in relation to each of those grounds, the freezing order continues in force as if it had been made on each remaining ground.

When a freezing notice stops being in force for property (except registrable real property) that is registrable under the Personal Property Securities Act 2009 (Commonwealth) or an enactment, the applicant for the notice must notify the relevant registrar to that effect.

[Section 39 amended: No. 42 of 2011 s. 13; No. 10 of 2018 s. 36.]

40. Freezing notices, cancelling etc.

A police officer or the DPP must cancel a freezing notice issued under section 34(2) for property if the grounds for suspecting that the property is crime‑used or crime‑derived no longer exist.

A police officer or the DPP must ensure that —

notice of the cancellation is served personally, as soon as practicable, on each person on whom a copy of the notice was served under section 36; and

if the notice has been filed in a court — a notice of the cancellation is filed in the court; and

any property covered by the notice that is being guarded under section 33(2)(b) is released from guard; and

any property covered by the notice that is being retained under section 33(3) is returned to the person from whom it was seized unless it is to be otherwise dealt with under this Act or another enactment; and

if the police officer or the DPP is aware that the person to whom the property is to be returned under paragraph (d) is not the owner of the property — the owner is notified, where practicable, of the cancellation and return.