PROCEEDS OF CRIME ACT 1987 - SECT 90 Charge on property subject to registered interstate restraining order

PROCEEDS OF CRIME ACT 1987 - SECT 90

  (1)   If:

  (a)   an interstate restraining order is made against property in reliance on a person's conviction of an interstate indictable offence or in reliance on the charging, or proposed charging, of a person with an interstate indictable offence;

  (b)   an interstate pecuniary penalty order is made against the person in reliance on the person's conviction of that offence or a related interstate indictable offence;

  (c)   the interstate restraining order is registered under this Division in the Supreme Court of a Territory; and

  (d)   the interstate pecuniary penalty order is registered in a court of the Territory under the Service and Execution of Process Act 1992 ;

then, upon the registration referred to in paragraph   ( c) or the registration referred to in paragraph   ( d) (whichever last occurs), a charge is created on the property to secure payment of the amount due under the interstate pecuniary order.

  (2)   Where a charge is created by subsection   ( 1) on property of a person to secure payment of the amount due under an interstate pecuniary penalty order, the charge ceases to have effect in respect of the property:

  (a)   upon the quashing of the conviction in reliance on which the interstate pecuniary penalty order was made;

  (b)   upon the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order;

  (c)   upon payment of the amount due under the interstate pecuniary penalty order;

  (e)   upon the sale or other disposition of the property:

  (i)   under an order made by a court under the corresponding law of the State in which the interstate pecuniary penalty order was made;

  (ii)   by the owner of the property with the consent of the court that made the interstate pecuniary penalty order; or

  (iii)   where the interstate restraining order directed a person to take control of the property--by the owner of the property with the consent of that person; or

  (f)   upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge;

whichever first occurs.

  (3)   A charge created on property by subsection   ( 1):

  (a)   is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge;

  (b)   has priority over all other encumbrances; and

  (c)   subject to subsection   ( 2), is not affected by any change of ownership of the property.

  (4)   Where a charge is created by subsection   ( 1) on property of a particular kind and the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind, the Official Trustee or the DPP may cause the charge so created to be registered under the provisions of that law and, if the charge is so registered, a person who purchases or otherwise acquires an interest in the property after the registration of the charge shall, for the purposes of paragraph   ( 2)(f), be deemed to have notice of the charge at the time of the purchase or acquisition.