New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 42E

42E Telephone freezing notices

(1) An authorised officer may make an application by telephone for a freezing notice.

(2) An authorised justice must not issue a freezing notice on an application made by telephone unless the authorised justice is satisfied that the notice is required urgently and that it is not practicable for the application to be made in person.

(3) An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.

(4) If it is not practicable for an application for a freezing notice to be made by telephone directly to an authorised justice, the application may be transmitted to the authorised justice by another person on behalf of the applicant.

(5) An authorised justice who issues a freezing notice on an application made by telephone must--

(a) complete and sign the notice, and

(b) furnish the notice to the person who made the application or inform that person of the terms of the notice and of the date and time when it was signed.

(6) If a freezing notice is issued on an application made by telephone, the applicant is to complete a form of freezing notice in the terms indicated by the authorised justice under subsection (5) (b) and write on it the name of that authorised justice and the date and time when the notice was signed.

(7) A form of freezing notice so completed is taken to be a freezing notice issued in accordance with this Act.

(8) A freezing notice is to be furnished by an authorised justice by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.