Western Australian Current Acts Western Australian Current Acts (1) A freezing notice
for any property except registrable real property comes into force when the
notice is issued.
(2) A freezing notice
issued under section 34(2) for any property except registrable real property
stops being in force as soon as any of the following happens —
(a) the
property is confiscated under section 6, 7 or 8;
(b) the
freezing notice is cancelled under section 40;
(c) the
freezing notice is set aside under Part 6.
(3) A freezing notice
for property (except registrable real property) issued under section 34(3) on
the basis that a person has been or is likely to be charged with an offence
stops being in force as soon as one of the following happens —
(a)
where 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.
(4) However, if the
freezing notice was issued on 2 or more grounds, but the notice has not ceased
to be in force under subsection (3) or (4) in relation to each of those
grounds, the freezing order continues in force as if it had been made on each
remaining ground.
(5) When a freezing
notice stops being in force for property (except registrable real property)
that is registrable under the Personal Property Securities Act 2009
(Commonwealth) or an enactment, the applicant for the notice must notify the
relevant registrar to that effect.
[Section 39 amended: No. 42 of 2011 s. 13; No. 10
of 2018 s. 36.]