Seizure Order
A legal order that takes control of money or property so it cannot be moved or spent during an investigation.
Sources checked 2026-09-17 to 2026-09-29
What it means
A seizure order is a legal order that takes control of money or property so it cannot be moved or spent while an investigation continues. It is firmer than a simple hold, because the funds are put beyond your reach. Like a freeze, it is temporary, not a verdict.
The words “freeze” and “seizure” are used loosely. What matters is the practical effect, that you cannot use the money, and the legal power behind it, which you can ask about.
Who can freeze or seize funds
Under AMLA s50, the Public Prosecutor can order that money held by a bank be seized, or that the bank must not release it, where it is suspected to be linked to unlawful activity [f1]. This is not a court order.
Police can also act fast. A police officer of Sergeant rank or above can freeze money in an account by written order, without a court order, under CPC s116D [f2]. Separately, an enforcement agency can freeze under AMLA s44 for up to 90 days unless you are charged.
How long it lasts
A police freeze under s116D lapses after 18 months if no one is prosecuted for any offence over the money. Under AMLA s52A, a seizure order lapses 18 months after it was made, or after an earlier freezing order, if you are not charged or no prosecution has started over the property.
Getting living costs released
A freeze does not always mean going without essentials. If the freeze is an AMLA s44 order, you can apply in writing to the agency that issued it, under s44A, to vary it so funds are released for reasonable living or business expenses [f3]. A more senior officer decides, and no court is involved.
For a police s116D freeze, you apply to the Sessions Court instead. Neither is automatic, and the outcome depends on the documents you can show. A lawyer can prepare the application with you.
What to do next
Keep every letter and reference number, note the dates, and read our page on account holder rights. A seizure holds your money, it is not a judgment on you, and there are lawful ways to respond.
Sources
- AMLA 2001, Section 50(1)
- CPC (Amendment) Act 2024, Section 116D
- AMLA 2001, Section 44A
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How is a seizure different from a freeze?
A freeze blocks transactions while the money stays in the account. A seizure takes control of the funds or property so it cannot be moved or spent. In practice both stop you using the money. What matters more is which power was used and why, and you can ask about both.
Can seized money be released for living costs?
Sometimes you can apply. For an AMLA s44 freeze, you apply in writing to the agency that issued it, and a more senior officer decides. For a police freeze under CPC s116D, you apply to the Sessions Court. Neither is automatic, so gather documents showing your genuine need.
Does a seizure mean I am guilty?
No. A seizure is an investigative step, not a finding of guilt. It holds the money while the authorities look into where it came from. You keep the right to be heard and to get advice. Gathering your records and asking a lawyer is a better response than ignoring it or panicking.
Related pages
If your situation is a little different, these pages cover the closest topics.
Need a Lawyer for Your Frozen Account Case?
Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
Independent information resource, not a law firm. We do not provide legal advice. Where appropriate and with your consent, we can connect you with an independent lawyer. Availability and acceptance of a case are not guaranteed. How referral works