sec.88Charge on property

### sec.88 Charge on property On the making of a proceeds assessment order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount. A charge created under subsection (1) — is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and has priority over all other encumbrances; and is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies. The charge stops having effect if any of the following happens— the proceeds assessment order is discharged on the hearing of an appeal against the making of the order; the amount payable to the State is paid; the relevant person becomes bankrupt; the interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ; the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; a hardship order is made excluding property from the operation of the charge. If a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law. For subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person. The public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge. The request must be in the appropriate form. The registrar of titles must register the charge over the land on lodgement of— the request; and a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid. As soon as practicable after the amount payable under the proceeds assessment order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge. The registrar of titles must register the release of the charge over the land. In this section— relevant person means the person against whom the proceeds assessment order is made. s 88 amd 2009 No. 2 s 32 ; 2010 No. 44 s 171 ; 2013 No. 21 s 38 ; 2021 No. 12 s 148 sch 3 (sec.88-ssec.1) On the making of a proceeds assessment order against a person, all the interests of the person in property are, while the amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount. (sec.88-ssec.2) A charge created under subsection (1) — is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and has priority over all other encumbrances; and is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies. (sec.88-ssec.3) The charge stops having effect if any of the following happens— the proceeds assessment order is discharged on the hearing of an appeal against the making of the order; the amount payable to the State is paid; the relevant person becomes bankrupt; the interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ; the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; a hardship order is made excluding property from the operation of the charge. (sec.88-ssec.4) If a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1) , the public trustee or an appropriate officer may cause the charge to be registered under that law. (sec.88-ssec.5) For subsection (4) , it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person. (sec.88-ssec.6) The public trustee or the appropriate officer may lodge a request with the registrar of titles for the registration of the charge. (sec.88-ssec.7) The request must be in the appropriate form. (sec.88-ssec.8) The registrar of titles must register the charge over the land on lodgement of— the request; and a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid. (sec.88-ssec.9) As soon as practicable after the amount payable under the proceeds assessment order has been paid or the charge otherwise stops having effect under subsection (3) , the public trustee or the appropriate officer must lodge a request with the registrar of titles in the appropriate form to release the charge. (sec.88-ssec.10) The registrar of titles must register the release of the charge over the land. (sec.88-ssec.11) In this section— relevant person means the person against whom the proceeds assessment order is made. - (a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and - (b) has priority over all other encumbrances; and - (c) is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3) ; and - (d) is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies. - (a) the proceeds assessment order is discharged on the hearing of an appeal against the making of the order; - (b) the amount payable to the State is paid; - (c) the relevant person becomes bankrupt; - (d) the interest charged is sold or otherwise disposed of under this Act other than under a condition of a restraining order under this chapter, chapter 2A or chapter 3 or by order of the Supreme Court under section 46 , 93ZP or 138 ; - (e) the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; - (f) a hardship order is made excluding property from the operation of the charge. - (a) the request; and - (b) a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the proceeds assessment order that is unpaid.