VICIn ForceAct
Confiscation Act 1997
40YRegistration of unexplained wealth restraining order
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40Y Registration of unexplained wealth restraining order
(a) an unexplained wealth restraining order applies to property of a particular kind; and
(b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—
the relevant registration authority under that law must, on application to it by the applicant for the unexplained wealth restraining order, record on the register the prescribed particulars of the unexplained wealth restraining order.
(2) Without limiting subsection (1), if an unexplained wealth restraining order relates to land under the operation of the **Transfer of Land Act 1958**, a caveat may be lodged under section 89 of that Act by any person referred to in that section in relation to that order.
(3) For the purposes of subsection (2) and without limiting that subsection the following persons are taken to be a person mentioned in section 89 of the **Transfer of Land Act 1958**—
(a) the applicant for the unexplained wealth restraining order;
(b) if the unexplained wealth restraining order directed a trustee to take control of the property, the trustee.
Section 40C provides that an unexplained wealth restraining order may be made in respect of property or an interest in property.
S. 40Z inserted by No. 79/2014 s. 16.