New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 58A

58A Charge on property subject to restitution orders

(1) The Director may apply to the Registrar-General for registration of a restitution order in relation to any land owned by the defendant (including any land owned jointly with another person).

(2) An application must define the land to which it relates.

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

(4) 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 Compensation Fund Corporation of the amount payable under the order.

(5) The charge created by force of this section is subject to every charge or encumbrance to which the property was subject immediately before the charge was created and, in the case of land under the provisions of the Real Property Act 1900 , is subject to every mortgage, lease or other interest recorded in the Register kept under that Act.

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

(a) on registration of cancellation of the charge under section 58B, or

(b) on the sale or other disposition of the land with the consent of the Compensation Fund 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, or

(d) on full payment of the amount payable under the restitution order,

whichever first occurs.