Western Australian Current Acts Western Australian Current Acts (1) The DPP or a
police officer may apply to a Justice of the Peace for the issue of a freezing
notice.
(2) A Justice of the
Peace may issue a freezing notice for any property if there are reasonable
grounds for suspecting that the property is crime-used or crime-derived.
(3) A Justice of the
Peace may issue a freezing notice for all or any property that is owned or
effectively controlled by a person, or that the person has at any time given
away if —
(a) the
person has been charged with an offence, or the applicant for the notice
advises the Justice of the Peace that the person is likely to be charged with
an offence within 21 days after the day on which the freezing notice is
issued; and
(b) the
person could be declared to be a drug trafficker under section 32A(1) of the
Misuse of Drugs Act 1981 if he or she is convicted of the offence.
(4) A freezing notice
may be issued under subsection (3) for all or any property that is owned or
effectively controlled by the person, whether or not any of the property is
described or identified in the application.
(5) A freezing notice
may be issued under subsection (3) for all property acquired after the order
is made —
(a) by
the person; or
(b) by
another person at the request or direction of the first-mentioned person.
(6) When considering
an application for a freezing notice, a Justice of the Peace must —
(a)
consider each matter that is alleged by the applicant as a ground for issuing
the freezing notice; and
(b) if
the justice decides to issue the freezing notice — set out in the notice
each ground that the justice finds is a ground on which the notice may be
issued.
(7) Any income or
other property derived from the property while the freezing notice is in force
is taken to be part of the property.