83Charge on property subject to registered interstate restraining orders

83 Charge on property subject to registered interstate restraining orders

83 Charge on property subject to registered interstate restraining orders

(1) If—

(a) an interstate restraining order is made against property of a person in connection with an interstate serious offence committed or alleged to be committed by the person, and

(b) an interstate pecuniary penalty order is made against the person in connection with that offence, and

(c) the interstate restraining order is registered under this Act, and

(d) the interstate pecuniary penalty order is registered in a court of New South Wales under the Service and Execution of Process Act 1992 of the Commonwealth,

then, on 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.

(2) Where 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) on the interstate pecuniary penalty order ceasing to have effect (because the conviction, if any, in reliance on which the order was made has been quashed or for any other reason), or

(b) on the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order, or

(c) on payment of the amount due under the interstate pecuniary penalty order, or

(d) on the person becoming bankrupt, or

(e) on the sale or other disposition of the property—

(i) under an order made by a court under the corresponding law of the State 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