Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:2_15p
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 2 cl 15P
Character Range: 52913–54579

15P  Order extending a freezing order

 (1) A magistrate may make an order extending the period specified in a *freezing order made in relation to an *account with a *financial institution if:
 (a) an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the extension; and
 (b) the magistrate is satisfied that an application has been made to a court (but not decided by the court) for a *restraining order to cover the account (whether or not the restraining order is also to cover other property).

 (2) The extension may be for:
 (a) a specified number of *working days; or
 (b) the period ending when the court decides the application for the *restraining order.

 (3) The extension does not have effect unless a copy of the order for the extension is given to the *financial institution before the time the *freezing order would cease to be in force apart from the extension.

 (4) The following provisions apply in relation to an order extending a *freezing order in a way corresponding to the way in which they apply in relation to a freezing order:
 (a) Division 2 (except paragraphs 15C(c) and (d));
 (b) section 15J (except the note to that section).

 (5) Division 2 applies because of subsection (4) as if:
 (a) section 15C also required that an affidavit supporting an application:
 (i) identify the *freezing order; and
 (ii) state that an application has been made for a *restraining order to cover the *account; and
 (b) the reference in subsection 15E(1) to section 15B were a reference to subsection (1) of this section.

Division 5—Varying scope of freezing orders