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Criminal Property Forfeiture Act 2002
131Registration of interest in land
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131 Registration of interest in land
(1) If, in accordance with this Act, an instrument relating to land is
lodged with the Registrar-General, the Registrar-General must
register the instrument under the Land Title Act 2000.
(2) When an instrument of:
(a) the transfer of land in accordance with section 88 is lodged; or
(b) the forfeiture of land, together with a copy of the forfeiture
order, is lodged under section 102(1); or
(c) the forfeiture of land under a registered interstate forfeiture
order, together with a copy of the interstate order, is lodged
under section 123(5);
in addition to registering the instrument the Registrar-General must:
(d) register the Territory as the proprietor of the property; and
(e) endorse the land register in relation to the land to the effect
that, when the instrument was registered the property ceased
to be subject to or affected by any interests recorded in the
register, including caveats, mortgages, charges, obligations
and estates but not including rights-of-way, easements and
restrictive covenants, to which it was subject or by which it
was affected immediately before the registration of the
instrument.
Criminal Property Forfeiture Act 2002 83
(3) To the extent that a provision of this Act relating to land is
inconsistent with the Land Title Act 2000, the provision of this Act
prevails, but this Act does not otherwise affect the operation of the
Land Title Act 2000 in relation to land dealt with under this Act.
(4) This Act does not prevent:
(a) a person from lodging with the Registrar-General:
(i) a caveat relating to land subject to a restraining order; or
(ii) an instrument relating to a dealing or purported dealing
in land that is subject to a restraining order at the time
that the instrument is lodged; or
(iii) an instrument relating to a dealing or purported dealing
in land that was subject to a restraining order at the time
that the dealing or purported dealing was carried out; or
(b) the Registrar-General from:
(i) giving notice to a person that a caveat has been lodged
in relation to land that is subject to a restraining order; or
(ii) accepting an instrument relating to a dealing or
purported dealing in land that is subject to a restraining
order at the time that the instrument is lodged; or
(iii) accepting an instrument of a dealing or purported
dealing in land that was subject to a restraining order at
the time that the dealing or purported dealing was
carried out;
but the Registrar-General must not register an instrument in the
land register in relation to land while the land is subject to a
registered restraining order.