Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 42

Power to discharge mortgage or charge

42. Power to discharge mortgage or charge



(1) If the Supreme Court or the County Court is satisfied, on application by-

   (a)  in the case of property forfeited under a civil forfeiture order, a
        prescribed person or a person belonging to a prescribed class of
        persons; or

   (b)  in any case, the DPP-

that a mortgage or charge to which the property is subject was created to
limit the effect of a forfeiture order or a civil forfeiture order or
automatic forfeiture, it may discharge that mortgage or charge.

* * * * *



(3) The Registrar of Titles must make any amendments to the Register under the
Transfer of Land Act 1958 that are necessary because of any order under
subsection (1).