Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 90

90. (1) If:

   (a)  an interstate restraining order is made against property in reliance
        on a person's conviction of an interstate indictable offence or in
        reliance on the charging, or proposed charging, of a person with an
        interstate indictable offence;

   (b)  an interstate pecuniary penalty order is made against the person in
        reliance on the person's conviction of that offence or a related
        interstate indictable offence;

   (c)  the interstate restraining order is registered under this Division in
        the Supreme Court of a Territory; and

   (d)  the interstate pecuniary penalty order is registered in a court of the
        Territory under the Service and Execution of Process Act 1901; then,
        upon the registration referred to in paragraph (c) or the registration
        referred to in paragraph (d) (whichever last occurs), a charge is
        created on the property to secure payment of the amount due under the
        interstate pecuniary order.

(2) Where a charge is created by subsection (1) on property of a person to
secure payment of the amount due under an interstate pecuniary penalty order,
the charge ceases to have effect in respect of the property:

   (a)  upon the quashing of the conviction in reliance on which the
        interstate pecuniary penalty order was made;

   (b)  upon the discharge of the interstate pecuniary penalty order by a
        court hearing an appeal against the making of the order;

   (c)  upon payment of the amount due under the interstate pecuniary penalty
        order;

   (d)  upon the person becoming bankrupt;

   (e)  upon the sale or other disposition of the property:

        (i)    under an order made by a court under the corresponding law of
               the State in which the interstate pecuniary penalty order was
               made;

        (ii)   by the owner of the property with the consent of the court that
               made the interstate pecuniary penalty order; or

        (iii)  where the interstate restraining order directed a person to
               take control of the property-by the owner of the property with
               the consent of that person; or

   (f)  upon the sale of the property to a purchaser in good faith for value
        who, at the time of purchase, has no notice of the charge; whichever
        first occurs.

(3) A charge created on property by subsection (1):

   (a)  is subject to every encumbrance on the property that came into
        existence before the charge and that would, apart from this
        subsection, have priority over the charge;

   (b)  has priority over all other encumbrances; and

   (c)  subject to subsection (2), is not affected by any change of ownership
        of the property.

(4) Where a charge is created by subsection (1) on property of a particular
kind and the provisions of any law of the Commonwealth or of a State or
Territory provide for the registration of title to, or charges over, property
of that kind, the Official Trustee or the DPP may cause the charge so created
to be registered under the provisions of that law and, if the charge is so
registered, a person who purchases or otherwise acquires an interest in the
property after the registration of the charge shall, for the purposes of
paragraph (2) (f), be deemed to have notice of the charge at the time of the
purchase or acquisition.