then, upon the making of the later of the orders, there is created, by force
of this section, a charge on the property to secure the payment to the
Commonwealth of the * literary proceeds amount.
(2) The charge ceases to have effect in respect of the property:
- (a)
- if the
* literary proceeds order was made in relation to the person's conviction of
the * indictable offence and that conviction is * quashedupon the order
being discharged under Division 5; or
- (b)
- upon the discharge of the literary proceeds order or the *
restraining order by a court hearing an appeal against the making of the
order; or
- (c)
- upon payment to the Commonwealth of the * literary proceeds amount in
satisfaction of the literary proceeds order; or
- (d)
- upon the sale or other disposition of the property:
- (i)
- under an order under Division 4 of Part 4-1; or
- (ii)
- by the owner of the property with the consent of the court that made the
literary proceeds order; or
- (iii)
- where the restraining order directed the * Official Trustee to take
custody and control of the propertyby the owner of the property with the
consent of the Official Trustee; or
- (e)
- 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) The charge:
- (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; and
- (b)
- has priority over all other encumbrances; and
- (c)
- subject to subsection (2), is not affected by any change of ownership
of the property.