New South Wales Consolidated Acts

HOUSING ACT 2001 - SECT 72B

72B Registration of debt as charge on land

(1) The Corporation may, after obtaining an order of a court in proceedings against a person for the recovery of money, apply to the Registrar-General for registration of the order in relation to any land owned by the person (including any land owned jointly with another person).

(2) An application may not be made under this section unless:

(a) the amount payable to the Corporation under the order (or the total amount payable under the orders) to which the application relates exceeds $1,000 or such other amount as is prescribed by the regulations, and

(b) the amount, or part of the amount, is payable because the person improperly obtained a rental rebate or any other advantage or concession from the Corporation.

(3) An application under this section must define the land to which it relates.

(4) The Registrar-General must, on application under this section and lodgment of the court order, register the order in relation to the land in such manner as the Registrar-General thinks fit.

(5) There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the Corporation of the amount payable under the order.

(6) Such a charge ceases to have effect in relation to the land:

(a) if the Corporation certifies in writing that the amount payable under the order has been paid to the Corporation or that the Corporation has otherwise agreed to the cancellation of the charge-on registration of the cancellation of the charge by the Registrar-General, or

(b) on the sale or other disposition of the property with the consent of the Corporation, or

(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,

whichever first occurs.

(7) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the Real Property Act 1900 , is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.

(8) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (6).

(9) If:

(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and

(b) the charge is so registered,

a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (6), taken to have notice of the charge.

(10) If such a charge relates to land under the provisions of the Real Property Act 1900 , the charge has no effect until it is registered under that Act.

(11) In this section, a reference to an order of a court includes a reference to a judgment of a court.