128Land restrained under wealth-restraining order

128 Land restrained under wealth-restraining order

[Section 128 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  If land is to be restrained property under a wealth-restraining order –

(a) the DPP must lodge with the Recorder a sealed copy of the wealth-restraining order; and

(b) if the land is not registered under the Land Titles Act 1980 , the Recorder is to  –

(i) bring the land under the Land Titles Act 1980 as if an application had been made under section 11 of that Act; and

(ii) register the wealth-restraining order against the relevant folio of the Register; and

(c) if the land is registered under the Land Titles Act 1980 , the Recorder is to register the wealth-restraining order against the relevant folio of the Register.

(2)  Land only becomes restrained property under a wealth-restraining order once the wealth-restraining order is registered under subsection (1)(b)(ii) or (1)(c) .

(3)  If, in accordance with section 127 , a wealth-restraining order registered under subsection (1) ceases to have effect and restrained property under the wealth-restraining order includes land –

(a) the DPP must lodge notification with the Recorder that the wealth-restraining order has ceased to have effect; and

(b) the Recorder is to register the notification against the relevant folio of the Register.

(4)  A wealth-restraining order registered under subsection (1) ceases to have effect in relation to the restrained property that is land when evidence that the wealth-restraining order has ceased to have effect is registered under subsection (3)(b) .