Victorian Numbered Regulations Victorian Numbered RegulationsFor Form 2 in Schedule 1 to the Principal Regulations substitute —
" FORM 2
FREEZING ORDER
Section 31F(4) of the Confiscation Act 1997
Court Ref.
This freezing order under Part 2A of the Confiscation Act 1997 is made at [ insert time ] am/pm on [ insert date ] by [ insert name of Magistrate ].
Name of financial institution with which account is held
[ insert financial institution ]
Number or description of account to be frozen
[ insert account details ]
Conditions, if any, to which order is subject
[ insert conditions to which order is subject, if any ]
This freezing order is issued to—
*Name, Rank, No. of police officer [ insert name, rank, number of police officer ]/*name, title of investigative officer [ insert name, title of investigative officer ]
Address [ insert address of police or other investigative officer ]
being an investigative officer within the meaning of section 31A of the Confiscation Act 1997 as—
*a police officer/*a member of a class of police officer authorised under section 31B of the Confiscation Act 1997 for the purposes of applying for a freezing order.
OR
*a person who holds a prescribed office/*a person belonging to a prescribed class of investigative officer.
The application for the freezing order was made *in writing/*by telephone/*by facsimile.
An affidavit in support of the application for the freezing order was *provided/*not provided.
The freezing order was *transmitted/*not transmitted by facsimile machine.
* Delete if inapplicable.
A freezing order is a court order that a financial institution must not allow a person to transact in relation to a specified account held with that institution, except to make deposits or in the manner and circumstances specified in the freezing order.
If the application for a freezing order has been made before an affidavit is prepared or sworn, the applicant for the freezing order, not later than the day following the making of the application, must send a duly sworn affidavit to the venue of the Magistrates' Court that determined the application, irrespective of whether a freezing order has been made (section 31D(4) of the Confiscation Act 1997 ).
If the Magistrates' Court provides the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after a freezing order is made, must give to the financial institution specified above a copy of the freezing order and a notice in the prescribed form specifying the matters set out in section 31G(1)(b) of the Confiscation Act 1997 .
If the Magistrates' Court does not provide the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after the freezing order is made, must give to the financial institution specified above a notice in the prescribed form specifying the matters set out in section 31G(2) of the Confiscation Act 1997 .".