Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 46

46 .         Freezing orders, service and notice of

        (1)         As soon as practicable after a freezing order is made, the applicant for the order must arrange for a copy of the order and a notice that complies with subsection (6) to be served personally on each of the following persons —

            (a)         if the frozen property was taken from a person, or is in the custody of a person — that person;

            (b)         if, at the time that the freezing order is made, the applicant is aware of any other person who is, or may be, or claims to be, an interested party — that person.

        (2)         If the property is registrable real property, the applicant must lodge a memorial of the making of the order with the Registrar of Titles.

        (3)         If the property is registrable under the Personal Property Securities Act 2009 (Commonwealth) or any enactment except the Transfer of Land Act 1893 , the applicant must notify the relevant registrar of the making of the order.

        (4)         If, as a result of information in a statutory declaration given, in accordance with section 47, by a person who was served with a copy of the freezing order under subsection (1), the applicant becomes aware that any other person is or may be or claims to be an interested party, then the applicant must arrange for a copy of the freezing order and a notice that complies with subsection (6) to be served on the person personally, as soon as practicable.

        (5)         Nothing in subsection (1) or (4) prevents the applicant from serving a copy of the freezing order and a notice at any time on any other person whom the applicant becomes aware is, or may be or claims to be an interested party, but the service cut off date for the property is not affected by any service outside the requirements of subsection (1) or (4).

        (6)         The notice must —

            (a)         summarise the effect of the order; and

            (b)         advise the recipient to the effect that the property described in the order may be confiscated automatically under this Act unless an objection to the confiscation of the property is filed in the court specified in the notice within 28 days after the date of service of the notice; and

            (c)         tell the recipient that he or she may be eligible to file an objection to the confiscation of the property; and

            (d)         give details of the recipient’s obligations under section 47.

        (7)         When service is effected on a person under this section, the server must file an affidavit to that effect stating the name and address of the person served.

        [Section 46 amended: No. 42 of 2011 s. 14; No. 10 of 2018 s. 40.]