Western Australian Current Acts Western Australian Current Acts (1) A freezing order
for registrable real property comes into force when a memorial of the making
of the order is registered under section 113(1).
(2) A freezing order
for registrable real property stops being in force when a memorial under
subsection (4), (5), (6) or (7) in relation to the property is registered
under section 113(1).
(3) However, if the
freezing order was made 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 order continues in force as if it had been made on each remaining
ground.
(4) If a freezing
order for registrable real property was made under section 43(1) on the basis
that an application for another order has been or is likely to be made, or
that an examination order is likely to be made by the CCC, the applicant for
the freezing order must lodge a memorial with the Registrar of Titles if
—
(a)
where the freezing order was made on the basis of advice given to the court
under section 43(1)(b) — an application for the other order is not made
within 21 days after the date of the freezing order; or
(ab)
where the freezing order was made on the basis of advice given to the court
under section 43(1)(c) that an examination order is likely to be made —
the examination order is not made within 21 days after the date of the
freezing order; or
(b) the
application for the other order is withdrawn; or
(c) the
application for the other order is finally determined but the court does not
make the other order; or
(d) the
freezing order is set aside at the request of the applicant for the freezing
order or in proceedings on an objection; or
(e) the
property is confiscated under section 6, 7 or 8.
(5) If a freezing
order for registrable real property was made under section 43(3) on the basis
that an application for a declaration or another order has been or is likely
to be made, the applicant for the freezing order must lodge a memorial with
the Registrar of Titles if —
(a)
where the freezing order was made on the basis of advice given to the court
under section 43(3)(c) — an application for the declaration or other
order is not made within 21 days after the date of the freezing order; or
(b) the
application for the declaration or other order is withdrawn; or
(c) the
application for the declaration or other order is finally determined, but the
court does not make the declaration or other order; or
(d) in
the case of a declaration — the declaration is made, and the
respondent’s liability to pay an amount under section 14, 20 or 24 is
satisfied, whether or not any or all of the frozen property is given or taken
in satisfaction of the liability; or
(e) the
freezing order is set aside on all grounds at the request of the applicant for
the freezing order or in proceedings on an objection; or
(f) the
property is confiscated under section 6, 7 or 8.
(6) If a freezing
order for registrable real property was made under section 43(5) on the basis
that a person has been or is likely to be charged with an offence, the
applicant for the freezing order must lodge a memorial with the Registrar of
Titles if —
(a)
where the freezing order was made on the basis of advice given to the court
under section 43(5)(a) — the person is not charged with the offence
within 21 days after the date of the freezing order; 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 order is set aside on all grounds at the request of the applicant for
the freezing order or in proceedings on an objection; or
(e) the
property is confiscated under section 6, 7 or 8.
(7) If a freezing
order was made under section 43(8) for registrable real property on the basis
that the property was suspected of being crime-used or crime-derived, the
applicant for the freezing order must lodge a memorial with the Registrar of
Titles if —
(a) the
freezing order is set aside at the request of the applicant for the freezing
order or in proceedings on an objection; or
(b) the
property is confiscated under section 6, 7 or 8.
[Section 48 amended: No. 10 of 2018 s. 42.]