New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 83

83 Charge on property subject to registered interstate restraining orders

(1) If--

(a) an interstate restraining order is made against property of a person in connection with an interstate serious offence committed or alleged to be committed by the person, and

(b) an interstate pecuniary penalty order is made against the person in connection with that offence, and

(c) the interstate restraining order is registered under this Act, and

(d) the interstate pecuniary penalty order is registered in a court of New South Wales under the Service and Execution of Process Act 1992 of the Commonwealth,

then, on 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 penalty 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) on the interstate pecuniary penalty order ceasing to have effect (because the conviction, if any, in reliance on which the order was made has been quashed or for any other reason), or

(b) on the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order, or

(c) on payment of the amount due under the interstate pecuniary penalty order, or

(d) on the person becoming bankrupt, or

(e) on 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, or

(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) on 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, 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.

(4) Where a charge is created by subsection (1) on property of a particular kind and the provisions of any law (whether or not a law of the State) provide for the registration of title to, or charges over, property of that kind--

(a) the NSW Trustee and Guardian or an appropriate officer may or, in the case of land, shall cause the charge so created to be registered under the provisions of that law, and

(b) 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 subsection (2) (f), be taken to have notice of the charge at the time of the purchase or acquisition.

(5) If a charge under this section relates to land under the provisions of the Real Property Act 1900 , the charge has no effect until it is registered under that Act.

(6) Section 73 (2) of the Personal Property Securities Act 2009 of the Commonwealth is declared to apply to a charge created by subsection (1).