The first thing you should do if you’ve been served with a freezing notice or freezing order is get legal advice about your particular situation. You only have a short window to objecting to the confiscation of your property or funds.
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The Criminal Property Confiscation Act 2000 (WA) (the CPCA) gives the police, the Director of Public Prosecutions or the CCC power to seek orders freezing or confiscating certain property.
Property may be frozen or confiscated:
When can my assets be frozen or confiscated?
Property can be confiscated, or be subject to a freezing notice or freezing order, if there are reasonable grounds for suspecting the property is related to a crime, owned or is someway controlled by a declared drug trafficker or if you own an asset or have some wealth that cannot be explained.
The Criminal Property Confiscation Act 2000 (WA) (the CPCA) gives the police, the Director of Public Prosecutions or the CCC power to seek orders freezing or confiscating certain property.
Property may be frozen or confiscated:
When can my assets be frozen or confiscated?
Property can be confiscated, or be subject to a freezing notice or freezing order, if there are reasonable grounds for suspecting the property is related to a crime, owned or is someway controlled by a declared drug trafficker or if you own an asset or have some wealth that cannot be explained.
Do I have to be warned before my property can be frozen?
No. The police, the DPP or the CCC will normally apply for a freezing notice or freezing order without telling you about the application. If the application is successful, you will be personally served with a copy of the notice or order, along with anyone else they know has an interest in the property (for example, your partner, family members or a bank).
What should I do after I receive a freezing notice or freezing order?
If property has been frozen or confiscated you must not do anything with the property listed in the freezing notice or freezing order as you can be charged with a criminal office.
It is imperative that you get legal advice immediately as you have only 7 days to produce a statutory declaration that:
If you do not provide a statutory declaration, you could be charged with a criminal offence.
If you want to object to the frozen property being confiscated, you can file an objection with the court within 28 days after you found out about the freezing notice or order.
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