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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 35L Registering charges

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 35L

Registering charges

  (1)   A registration authority that keeps a register of property of a particular kind may record in the register a charge created by section   35J on property of that kind.

  (2)   The registration authority may only do so on the application of the proceeds of crime authority authorised under section   34 or the Official Trustee.

  (3)   Each person who subsequently deals with the property is taken to have notice of the charge for the purposes of paragraph   35K(c).

  (4)   In this section:

"registration authority" , in relation to property of a particular kind, means:

  (a)   an authority responsible for administering a law of the Commonwealth, a State or a Territory providing for registration of title to, or charges over, property of that kind; or

  (b)   the Registrar of Personal Property Securities, if the Personal Property Securities Act 2009 provides for the registration of data in relation to that kind of personal property for the purposes of paragraph   148(c) of that Act.

Note:   The Personal Property Securities Act 2009 provides for the registration of such data if regulations are made for the purposes of paragraph   148(c) of that Act.