Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-5 - ENFORCEMENT OF INTERSTATE ORDERS IN CERTAIN TERRITORIES  

Division 1 - Interstate restraining orders  

SECTION 307   Charge on property subject to registered interstate restraining order  

307(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.

307(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.

307(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.

307(3A)    

Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge created by subsection (1) (to the extent, if any, to which that Act applies in relation to the property charged).

Note 1:

The effect of this subsection is that the priority between the charge and a security interest in the property to which the Personal Property Securities Act 2009 applies is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009 .

Note 2:

Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges created by subsection (1) after the commencement of subsection (3A) (which is at the registration commencement time within the meaning of the Personal Property Securities Act 2009 ).

307(4)    
If:

(a) a charge is created by subsection (1) on property of a particular kind; and

(b) the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind:

then:

(c) the * Official Trustee or a *proceeds of crime authority may cause the charge so created to be registered under the provisions of that law; and

(d) if the charge is so registered - a person who purchases or otherwise acquires an * interest in the property after the registration of the charge is, for the purposes of paragraph (2)(e), taken to have notice of the charge at the time of the purchase or acquisition.

307(5)    

In this section:

registration
of a charge on a particular kind of personal property within the meaning of the Personal Property Securities Act 2009 includes the registration of data in relation to that kind of property for the purposes of paragraph 148(c) of that Act.

Note:

The Personal Property Securities Act 2009 provides for the registration of such data if regulations are made for the purposes of paragraph 148(c) of that Act.