Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 169

Charge on property subject to restraining order

(1) If:

(a)
a * literary proceeds order is made against a person in relation to an * indictable offence; and

(b)
a * restraining order is, or has been, made against:

(i)
the * person's property; or
(ii)
another person's property in relation to which an order under subsection 168(1) is, or has been, made; and
(c)
the restraining order relates to that offence or a * related offence;

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 * quashed—upon 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 property—by 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.



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