Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 43

43 .         Freezing orders, making

        (1)         The court may make a freezing order for property if —

            (a)         an examination order, a monitoring order or a suspension order obtained by the applicant for the freezing order is in force in relation to the property; or

            (b)         the applicant for the freezing order advises the court that the applicant has applied for an examination order, monitoring order or suspension order in relation to the property or is likely to apply for such an order within 21 days after the freezing order is made; or

            (c)         the CCC advises the court that the CCC has made an examination order in relation to the property, or is likely to make an examination order in relation to the property within 21 days after the freezing order is made.

        (2)         The court may make a freezing order under subsection (1) whether or not the person against whom the examination order, monitoring order or suspension order is made, or is to be sought, owns or effectively controls the property.

        (3)         The court may make a freezing order for all or any property that is owned or effectively controlled by the person or that the person has at any time given away if —

            (a)         a production order has been made against the person; or

            (b)         an application has been made against the person for an unexplained wealth declaration, criminal benefits declaration, crime-used property substitution declaration or production order; or

            (c)         the applicant for the freezing order advises the court that such an application is likely to be made within 21 days after the freezing order is made.

        (4)         The court is not to refuse to make a freezing order for property under subsection (3) only because the value of the property exceeds, or could exceed, the amount that a person could be liable to pay under section 14, 20 or 24 if the declaration is made.

        (5)         The court may make a freezing order 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 DPP advises the court that a person is likely to be charged with an offence within 21 days after the day on which the freezing order is made; 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.

        (6)         A freezing order may be made under subsection (3) or (5) for all property owned or effectively controlled by the person, whether or not any of the property is described or identified in the application.

        (7)         A freezing order may be made under subsection (3) or (5) 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.

        (8)         The court may make a freezing order for property if there are reasonable grounds for suspecting that the property is crime-used or crime-derived.

        [Section 43 amended: No. 10 of 2018 s. 38.]