Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 105

Application of proceeds of sale

If land is sold pursuant to a land sale order, the proceeds of sale are to be applied in the following order of priority—

        (a)     in accordance with section 77(3)(a) of the Transfer of Land Act 1958 , including—

              (i)     the costs of the sale under this Part; and

              (ii)     any costs incurred by the Director in obtaining the recording of the land charge in the Register kept under the Transfer of Land Act 1958 ; and

              (iii)     the costs of the application to the Supreme Court for a land sale order;

        (b)     to the payment of any money due or owing on an existing mortgage or charge;

        (c)     to the payment of the registered fine;

        (d)     to pay any amount remaining in accordance with section 77(3)(c) and (d) of the Transfer of Land Act 1958 as if a reference to "the mortgagor" in section 77(3)(d) were a reference to—

              (i)     the person whose interest in land was subject to the land charge; and

              (ii)     if appropriate, any other person recorded in the Register kept under the Transfer of Land Act 1958 as having an interest in the land.

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