Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (CONFISCATION AND OTHER MATTERS) ACT 2014 (NO. 79 OF 2014) - SECT 13

After section 31F(1A) of the Confiscation Act 1997 insert —

    "(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

              (ii)     it would have been impracticable for an affidavit to have been prepared and sworn before the application was made; and

        (c)     if the application has not been made in person, that it would have been impracticable for the applicant to have applied in person for the freezing order; and

        (d)     that it is appropriate to make the freezing order.".