South Australian Current Acts South Australian Current Acts17—Authorised police officer may apply for freezing order
(1) 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—
(a)
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—
(i)
has committed, or is about to commit, a serious offence;
or
(ii)
was involved in the commission, or is about to be
involved in the commission, of such an offence; or
(iii)
has derived a benefit, or is about to derive a benefit,
from the commission of such an offence; and
(b) an
application for a restraining order is likely to be made in respect of
property in which—
(i)
the person in whose name the account is held has an
interest; or
(ii)
the person who has an interest in the account has an
interest; and
(c) it
is otherwise appropriate to make the order.
(2) In determining
whether it is appropriate to make a freezing order, the magistrate—
(a) must
have regard to any hardship that may reasonably be expected to be caused to
any person by the operation of the order; and
(i)
the amount of money in the account to be frozen; and
(ii)
whether the account is held in the name of more than one
person; and
(iii)
any other relevant matter.
(3) Subject to
section 18, the applicant for a freezing order must submit evidence in
support of the application in the form of an affidavit.