Document ID: chunk:federal_register_of_legislation:C2024C00844:section:104
Version: federal_register_of_legislation:C2024C00844
Segment Type: section
Provision Reference: s 104
Character Range: 330430–332637

104  Creation of charge on land
 (1) This section applies in relation to land if:
 (a) a court finds that a person has contravened Division 3 of this Part (civil penalties); and
 (b) a pecuniary penalty is imposed on the person in relation to the contravention; and
 (c) the person has an interest in Australian land covered by subsection (2) that can be registered on a land register; and
 (d) either:
 (i) the contravention relates to the acquisition of the interest in the land; or
 (ii) the Treasurer makes a declaration under section 105 that this section applies in relation to the land.
Note: Subsection (5) contains an exception to this section (proceeds of crime orders).

Kinds of interests covered by this subsection
 (2) The interest in Australian land is either:
 (a) an interest under a long term lease; or
 (b) any other legal or equitable interest (within the ordinary meaning of the term) in Australian land, except:
 (i) an interest under a lease (except a long term lease); or
 (ii) an interest under a licence; or
 (iii) an interest in a mining or production tenement; or
 (iv) an interest in an easement; or
 (v) an interest giving a right (known as a profit à prendre) to take something off another person's land, or to take something out of the soil of that land; or
 (vi) an interest held on trust for another person; or
 (vii) an interest of a kind prescribed by the regulations.

Creation of charge
 (3) A charge is created on land to which this section applies to secure the payment of the penalty.
 (4) The charge is created at the time:
 (a) if subparagraph (1)(d)(i) applies—the penalty is imposed; or
 (b) if subparagraph (1)(d)(ii) applies—the declaration comes into force.

Exception in relation to proceeds of crime orders
 (5) This section does not apply if at the time mentioned in subsection (4):
 (a) a restraining order is in force in relation to the land under Part 2‑1 of the Proceeds of Crime Act 2002; or
 (b) a forfeiture order is in force in relation to the land under Part 2‑2 of that Act; or
 (c) an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.