Western Australian Current Acts Western Australian Current Acts (1) A freezing order
for property (except registrable real property) comes into force when the
freezing order is made.
(2) If a freezing
order for property (except 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 freezing order stops being in force as soon as one of the following
happens —
(a) if
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 order;
(ab) if
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;
(b) the
application for the other order is withdrawn;
(c) the
application for the other order is finally determined but the court does not
make the other order;
(d) the
freezing order is set aside at the request of the applicant for the freezing
order or in proceedings on an objection;
(e) the
property is confiscated under section 6, 7 or 8.
(3) A freezing order
for property (except registrable real property) 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 stops being in force as soon as one of the following
happens —
(a) if
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;
(b) the
application for the declaration or other order is withdrawn;
(c) the
application for the declaration or other order is finally determined, but the
court does not make the declaration or other order;
(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;
(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;
(f) the
property is confiscated under section 6, 7 or 8.
(4) A freezing order
for property (except registrable real property) made under section 43(5) 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) if
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 order;
(b) the
charge against the person is disposed of;
(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 ;
(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;
(e) the
property is confiscated under section 6, 7 or 8.
(5) A freezing order
made under section 43(8) for property (except registrable real property) on
the basis that it was suspected of being crime-used or crime-derived stops
being in force as soon as one of the following happens —
(a) 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;
(b) the
property is confiscated under section 6, 7 or 8.
(6) However, if the
freezing order was made on 2 or more grounds, but the order has not stopped
being in force under subsection (2), (3), (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.
[Section 49 amended: No. 10 of 2018 s. 43.]