Criminal Property Confiscation Act 2000

A freezing order for registrable real property comes into force when a memorial of the making of the order is registered under section 113(1).

A freezing order for registrable real property stops being in force when a memorial under subsection (4), (5), (6) or (7) in relation to the property is registered under section 113(1).

However, if the freezing order was made on 2 or more grounds, but a memorial has not been lodged under subsection (4) or (5) in relation to each of those grounds, the freezing order continues in force as if it had been made on each remaining ground.

If a freezing order for registrable real property was made under section 43(1) on the basis that an application for another order has been or is likely to be made, or that an examination order is likely to be made by the CCC, the applicant for the freezing order must lodge a memorial with the Registrar of Titles if —

where the freezing order was made on the basis of advice given to the court under section 43(1)(b) — an application for the other order is not made within 21 days after the date of the freezing order; or

where the freezing order was made on the basis of advice given to the court under section 43(1)(c) that an examination order is likely to be made — the examination order is not made within 21 days after the date of the freezing order; or

the application for the other order is withdrawn; or

the application for the other order is finally determined but the court does not make the other order; or

the freezing order is set aside at the request of the applicant for the freezing order or in proceedings on an objection; or

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

If a freezing order for registrable real property was made under section 43(3) on the basis that an application for a declaration or another order has been or is likely to be made, the applicant for the freezing order must lodge a memorial with the Registrar of Titles if —

where the freezing order was made on the basis of advice given to the court under section 43(3)(c) — an application for the declaration or other order is not made within 21 days after the date of the freezing order; or

the application for the declaration or other order is withdrawn; or

the application for the declaration or other order is finally determined, but the court does not make the declaration or other order; or

in the case of a declaration — the declaration is made, and the respondent’s liability to pay an amount under section 14, 20 or 24 is satisfied, whether or not any or all of the frozen property is given or taken in satisfaction of the liability; or

the freezing order is set aside on all grounds at the request of the applicant for the freezing order or in proceedings on an objection; or

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

If a freezing order for registrable real property was made under section 43(5) on the basis that a person has been or is likely to be charged with an offence, the applicant for the freezing order must lodge a memorial with the Registrar of Titles if —

where the freezing order was made on the basis of advice given to the court under section 43(5)(a) — the person is not charged with the offence within 21 days after the date of the freezing order; 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 order is set aside on all grounds at the request of the applicant for the freezing order or in proceedings on an objection; or

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

If a freezing order was made under section 43(8) for registrable real property on the basis that the property was suspected of being crime‑used or crime‑derived, the applicant for the freezing order must lodge a memorial with the Registrar of Titles if —

the freezing order is set aside at the request of the applicant for the freezing order or in proceedings on an objection; or

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