Western Australian Current Acts Western Australian Current Acts (1) A freezing notice
for registrable real property comes into force when a memorial of the issue of
the freezing notice is registered under section 113(1).
(2) A freezing notice
for registrable real property stops being in force when a memorial under
subsection (4) or (5) in relation to the property is registered under
section 113(1).
(3) However, if the
freezing notice was issued 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 notice continues in force as if it had been made on each remaining
ground.
(4) If a freezing
notice under section 34(2) is in force for registrable real property, the
applicant for the freezing notice must lodge a memorial with the Registrar of
Titles if —
(a) the
freezing notice is cancelled under section 40; or
(b) the
freezing notice is set aside under Part 6; or
(c) the
property is confiscated under section 6, 7 or 8.
(5) If a freezing
notice for registrable real property was issued under section 34(3) on the
basis that a person has been or is likely to be charged with an offence, the
applicant for the freezing notice must lodge a memorial with the Registrar of
Titles if —
(a) when
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
(b) the
charge against the person is disposed of; or
(c) 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
(d) the
freezing notice is cancelled under section 40; or
(e) the
freezing notice is set aside under Part 6; or
(f) the
property is confiscated under section 6, 7 or 8.