Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 4 - Enforcement of literary proceeds orders  

SECTION 170   Charges may be registered  

170(1)    

If:

(a) a charge is created by section 169 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;

the * Official Trustee or the *responsible authority for the *literary proceeds order or *restraining order referred to in that section may cause the charge so created to be registered under the provisions of that law.

Note:

A charge is created under section 169 if both a literary proceeds order and a restraining order have been made in relation to an indictable offence (or related offence).

170(2)    
A person who purchases or otherwise acquires an * interest in the property after the registration of the charge is, for the purposes of paragraph 169(2)(e) , taken to have notice of the charge at the time of the purchase or acquisition.

170(3)    

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 only if regulations are made for the purposes of paragraph 148(c) of that Act.