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Confiscation of Criminal Assets Act 2003
50Restraining orders—registration in statutory property
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50 Restraining orders—registration in statutory property
registers
(1) This section applies if a restraining order is over property that may be
recorded in a statutory property register
Restraining orders—other matters Division 4.4
(2) The restraining order, or details of the restraining order, may be
recorded in the register—
(a) for a restraining order over land registered under the Land Titles
Act 1925—on a responsible authority giving a copy of the
restraining order to the registrar-general; or
Note The registrar-general may, on receipt of the order, enter a caveat
for the prevention of any fraud or improper dealing (see Land Titles
Act 1925, s 14 (1) (h)).
(b) in any other case—on application by a responsible authority.
(3) Anyone who acquires an interest in the property after the recording
of the restraining order in the register is taken to have notice of the
restraining order at the time of acquisition.
(4) If the property stops being restrained property, the responsible
authority must—
(a) for a restraining order over land registered under the Land Titles
Act 1925—tell the registrar-general of the cancellation of the
restraining order; or
(b) in any other case—apply for the cancellation of the restraining
order’s registration in the statutory property register.
responsible authority means—
(a) the DPP; or
(b) if the public trustee and guardian has taken control of the
property under this Act—the public trustee and guardian; or
(c) for a registered interstate restraining order—anyone who is
authorised under the corresponding law under which the order
was made to register a restraining order, or details of a
restraining order, in a statutory property register.