CONFISCATION ACT 1997 - SECT 129 Charge on property subject to registered interstate restraining order

CONFISCATION ACT 1997 - SECT 129

S. 129(1) amended by No. 74/2000 s. 3(Sch. 1 item 25).

    (1)     If—

S. 129(1)(a) amended by No. 20/2015 s. 5.

        (a)     an interstate restraining order has been made; and

        (b)     an interstate pecuniary penalty order is made—

then there is created, on the registration of the interstate restraining order under this Act or the registration in Victoria of the interstate pecuniary penalty order under the Service and Execution of Process Act 1992 of the Commonwealth (whichever is the later), a charge on all the property to which the restraining order applies to secure the payment of the pecuniary penalty.

    (2)     A charge created by subsection (1) on property ceases to have effect when under the corresponding law the charge created on the making of the pecuniary penalty order ceases to have effect.

    (3)     Subsections (4) and (5) of section 72 apply to a charge created by subsection (1) of this section in the same manner and to the same extent as they apply to a charge created by section 72(1) or (2).