Document ID: chunk:federal_register_of_legislation:C2018C00169:section:90:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 90 (pt 1/2)
Character Range: 218003–220685

90  Charge on property subject to registered interstate restraining order
 (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 1992;
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;
 (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