CONFISCATION ACT 1997 - SECT 28 Registration of restraining order

CONFISCATION ACT 1997 - SECT 28

S. 28(1) amended by No. 44/2022 s. 52.

    (1)     If—

        (a)     a restraining order applies to property of a particular kind; and

        (b)     any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—

the relevant registration authority under that law must, on application to it by the applicant for the restraining order, a prescribed person or a person belonging to a prescribed class of persons, record on the register as far as practicable the prescribed particulars of the restraining order.

    (2)     Without limiting subsection (1), if a restraining order or an interstate restraining order registered under Part 15 of this Act relates to land under the operation of the Transfer of Land Act 1958 , a caveat may be lodged under section 89 of that Act by any person mentioned in that section in relation to that order.

    (3)     For the purposes of subsection (2) and without limiting that subsection—

        (a)     the applicant for the restraining order; or

        (b)     if the restraining order directed a trustee to take control of the property, the trustee; or

        (c)     if an interstate restraining order directed a person to take control of the property, the person or, if that person entered into an agreement with a trustee to act as the agent of the person, the trustee—

is deemed to be a person mentioned in section 89 of the Transfer of Land Act 1958 .

Note to s. 28 inserted by No. 42/2007 s. 18(Sch. item 8).

Note

Section 14 provides that a restraining order may be made in respect of property or an interest in property.

S. 28A inserted by No. 44/2022 s. 53.