CONFISCATION ACT 1997 - SECT 36Y Registration of civil forfeiture restraining order

CONFISCATION ACT 1997 - SECT 36Y

    (1)     If—

        (a)     a civil forfeiture 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 civil forfeiture restraining order, record on the register the prescribed particulars of the civil forfeiture restraining order.

    (2)     Without limiting subsection (1), if a civil forfeiture restraining order 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 referred to in that section in relation to that order.

    (3)     For the purposes of subsection (2) and without limiting that subsection the following persons are taken to be a person mentioned in section 89 of the Transfer of Land Act 1958 —

        (a)     the applicant for the civil forfeiture restraining order; or

        (b)     if the civil forfeiture restraining order directed a trustee to take control of the property, the trustee.

Note

Section 36H provides that a restraining order may be made in respect of property or an interest in property.

S. 36Z inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23), amended by No. 79/2014 s. 47(a).