Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 28

Registration of restraining order

28. Registration of restraining order



(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, record on the register 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 Section 14 provides that a restraining order
may be made in respect of property or an interest in property.