Victorian Current Acts Victorian Current ActsS. 31F(1) amended by No. 68/2010 s. 47(1).
(1) On an application under section 31D(1), the Magistrates' Court may make a freezing order if it is satisfied—
(a) that there are reasonable grounds for believing the matters referred to in paragraphs (a) and (b) of section 31D(1); and
(b) if the application has been made without an affidavit, that—
(i) there are sufficiently urgent circumstances to justify the making of an application without an affidavit; and
S. 31F(1)(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).
(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and
S. 31F(1)(c) repealed by No. 27/2016 s. 11.
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(d) that it is appropriate to make the freezing order.
S. 31F(1A) inserted by No. 68/2010 s. 47(2).
(1A) On an application under section 31D(1A), the Magistrates' Court may make a freezing order if it is satisfied—
(a) that there are reasonable grounds for suspecting the matters referred to in section 31D(1A)(a) and (b); and
(b) if the application has been made without an affidavit, that—
(i) there are sufficiently urgent circumstances to justify the making of an application without an affidavit; and
S. 31F(1A)
(b)(ii) amended by No. 6/2018 s. 68(Sch.
2 item 26.5).
(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and
S. 31F(1A)(c) repealed by No. 27/2016 s. 11.
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(d) that it is appropriate to make the freezing order.
S. 31F(1B) inserted by No. 79/2014 s. 13.
(1B) On an application under section 31D(1B), the Magistrates' Court may make a freezing order if it is satisfied—
(a) that there are reasonable grounds for suspecting the matters referred to in section 31D(1B)(a) and (b); and
(b) if the application has been made without an affidavit, that—
(i) there are sufficiently urgent circumstances to justify the making of an application without an affidavit; and
S. 31F(1B)
(b)(ii) amended by No. 6/2018 s. 68(Sch.
2 item 26.5).
(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and
S. 31F(1B)(c) repealed by No. 27/2016 s. 11.
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(d) that it is appropriate to make the freezing order.
(2) In determining whether a freezing order should be made, the Magistrates' Court must have regard to—
S. 31F(2)(a) amended by No. 44/2022 s. 6.
(a) the amount of money in, or quantum or value of any digital asset associated with, the account to be frozen; and
(b) whether the account is held in the name of more than one person; and
(c) any hardship that may reasonably be likely to be caused to any person by the order.
(3) A freezing order must specify—
(a) the name of the magistrate constituting the court which made the order; and
(b) the date and time at which the order was made; and
(c) the name of the financial institution with which the account is held; and
(d) the number of the account to be frozen or a description of the account that is sufficient to identify the account; and
(e) any conditions to which the order is subject.
(4) A freezing order must be in the prescribed form.
(5) Subject to subsection (6), if the Magistrates' Court makes a freezing order on an application made in accordance with section 31E, the Court must—
(a) inform the applicant of the terms of the freezing order and the date on which and the time at which it was made; and
S. 31F(5)(b) amended by No. 33/2018 s. 80(a).
(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the freezing order to the applicant.
S. 31F(6) amended by No. 33/2018 s. 80(b).
(6) If a copy of the freezing order has not been transmitted by facsimile machine or other electronic communication, the Magistrates' Court must make a copy of the freezing order available to the applicant as soon as practicable.
S. 31G inserted by No. 63/2003 s. 10.