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)](#GS64@Gs1@Hpc@EN) or [(d)](#GS64@Gs1@Hpd@EN) , 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)](#GS64@Gs1@EN) 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 > > > > > > > (f) upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge – > > > > whichever first occurs. > > > (3)  A charge created on property under [subsection (1)](#GS64@Gs1@EN) – > > > > > > (a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge; and > > > > > > > (b) has priority over all other encumbrances; and > > > > > > > (c) subject to [subsection (2)](#GS64@Gs2@EN) , is not affected by any change of ownership of the property. > > > (4)  If a charge is created under [subsection (1)](#GS64@Gs1@EN) on property of a particular kind and a law of Tasmania provides for the registration of title to, or charges over, property of that kind – > > > > > > (a) the Public Trustee or an authorized officer may cause the charge so created to be registered under the provisions of that law; and > > > > > > > (b) if the charge is so registered – a person who purchases or otherwise acquires an interest in the property after the registration of the charge is, for the purposes of [subsection (2)](#GS64@Gs2@EN) [(f)](#GS64@Gs2@Hpf@EN) , taken to have had notice of the charge at the time of the purchase or acquisition. > > > (5)  If a charge under this section relates to land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , the charge is of no effect until it is registered under that Act.