Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4B - Contribution by bankrupt and recovery of property  

Subdivision I - Collection of money or property by Official Receiver from person other than the bankrupt  

SECTION 139ZN   CHARGE OVER PROPERTY  

139ZN(1)    
If a notice under section 139ZL is given to a person to whom this Subdivision applies because the person is liable to transfer, or has received, any property as mentioned in paragraph 139ZK(1)(e) or (f):

(a)    the property is charged with the liability of the person to make payments as required by the notice; and

(b)    if the person makes the payments or transfers the property to the trustee, the property ceases to be subject to the charge.

139ZN(2)    
Subject to subsection (3) , a charge under subsection (1) has priority over any existing or subsequent mortgage, lien, charge or other encumbrance over the property in favour of an associated entity of the bankrupt, and has that priority despite any other law of the Commonwealth or any law of a State or Territory.

139ZN(3)    
A charge under subsection (1) does not have priority over a mortgage, lien, charge or other encumbrance in favour of an associated entity of the bankrupt if that entity satisfies the Court that that mortgage, lien, charge or other encumbrance arose from a transaction that was entered into at arm ' s length and for valuable and adequate consideration provided by that entity.

139ZN(4)    

If any property being land is subject to a charge under subsection (1) , the Official Receiver may certify by signed writing that the land is subject to a charge under that subsection and may lodge the certificate with the Registrar-General, Registrar of Titles or other proper officer or authority of the State or Territory in which the land is situated.

139ZN(5)    

The officer or authority with whom the certificate is lodged may register the charge as nearly as practicable in the way in which mortgages over land are registered under the law in force in the State or Territory in which the land is situated.

139ZN(6)    
The trustee has power to sell any property over which a charge exists under subsection (1) and, if the property is so sold, then, subject to any charges that have priority over the first-mentioned charge, the proceeds of the sale are, to the extent of the charge, to be applied in or towards the discharge of the liability to make a payment or payments to the trustee of the person to whom the notice was given.