(1)  If –

(a) an interstate restraining order is made against property of a person in connection with an interstate serious offence committed, or alleged to have been committed, by that person; and

(b) an interstate pecuniary penalty order is made against that person in connection with that offence; and

(c) the interstate restraining order is registered under this Act; and

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

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

(2)  If a charge is created under 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 interstate pecuniary penalty order ceasing to have effect; or

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

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

(d) upon the person becoming bankrupt; or

(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; or

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

(iii) if 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, had no notice of the charge –

whichever first occurs.

(3)  A charge created on property under 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; and

(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)  If a charge is created under subsection (1) on property of a particular kind and a law of Tasmania provides for the registration of title to, or charges over, property of that kind –

(a) the Public Trustee or an authorized officer may cause the charge so created to be registered under the provisions of that law; and

(b) if the charge is so registered – a person who purchases or otherwise acquires an interest in the property after the registration of the charge is, for the purposes of subsection (2) (f) , taken to have had notice of the charge at the time of the purchase or acquisition.

(5)  If a charge under this section relates to land under the Land Titles Act 1980 , the charge is of no effect until it is registered under that Act.