Document ID: chunk:federal_register_of_legislation:C2025C00034:section:307:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 307 (pt 1/2)
Character Range: 492859–495552

307  Charge on property subject to registered interstate restraining order
 (1) If:
 (a) an *interstate restraining order is made against property in relation to a person's conviction of an *interstate indictable offence or in relation to the charging, or proposed charging, of a person with an interstate indictable offence; and
 (b) an *interstate pecuniary penalty order is made against the person in relation to the person's conviction of that offence or an interstate indictable offence that is a *related offence; and
 (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 penalty order.
 (2) If 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 relation to which the interstate pecuniary penalty order was made; or
 (b) upon the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order; or
 (c) upon payment of the amount due under the interstate pecuniary penalty order; or
 (d) upon the sale or other disposition of the property:
 (i) under an order made by a court under the *corresponding law of the State or Territory 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
 (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) A charge created on property by subsection (1):
 (a) is subject to every *encumbrance on the property (other than an encumbrance in which the person convicted of the offence has an *interest) 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.
 (3A) Subsection