Proceeds of Crime Freezing Orders

A Freezing Order is a Magistrate issued order that a financial institution not allow a withdrawal from an account with the institution if there are reasonable grounds to suspect (broadly) that the balance of the account is proceeds of an indictable offence, or is wholly or partly an instrument of a serious offence, and there is a risk that the balance of the account will be reduced.[1] The major limiting factor on Freezing Orders is that their standard duration is 3 working days.[2]

As the threshold of proof for a Freezing Orders is relatively analogous to that of Restraining Orders, it is a rare occurrence for a Freezing Order to be issued when Restraining Orders can cover more property than just a bank account and are not valid for only 3 working days.

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[1] S 15B(1) Proceeds of Crime Act 2002 (Cth).

[2] S 15N(3) Proceeds of Crime Act 2002 (Cth).

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