64Charges on property subject to registered interstate restraining orders

64 Charges 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 have been committed, by that person; and

(b) an interstate pecuniary penalty order is made against that 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 Tasmania under the Service and Execution of Process Act 1992 of the Commonwealth –

then, upon the registration referred to in paragraph (c) or (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)  If a charge is created under 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) upon the interstate pecuniary penalty order ceasing to have effect; or

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

(c) upon payment of the amount due under the interstate pecuniary penalty order; or

(d) upon the person becoming bankrupt; or

(e) upon 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) if 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