104Creation of charge on land

104 Creation of charge on land

(1) This section applies in relation to land if: (a) a court finds that a person has contravened Division 3 of this Part (civil penalties); and (b) a pecuniary penalty is imposed on the person in relation to the contravention; and (c) the person has an interest in Australian land covered by subsection (2) that can be registered on a land register; and (d) either: (i) the contravention relates to the acquisition of the interest in the land; or (ii) the Treasurer makes a declaration under section 105 that this section applies in relation to the land.

Note: Subsection (5) contains an exception to this section (proceeds of crime orders).

Kinds of interests covered by this subsection (2) The interest in Australian land is either: (a) an interest under a long term lease; or (b) any other legal or equitable interest (within the ordinary meaning of the term) in Australian land, except: (i) an interest under a lease (except a long term lease); or (ii) an interest under a licence; or (iii) an interest in a mining or production tenement; or (iv) an interest in an easement; or (v) an interest giving a right (known as a profit à prendre) to take something off another person’s land, or to take something out of the soil of that land; or (vi) an interest held on trust for another person; or (vii) an interest of a kind prescribed by the regulations. Creation of charge (3) A charge is created on land to which this section applies to secure the payment of the penalty. (4) The charge is created at the time: (a) if subparagraph (1)(d)(i) applies—the penalty is imposed; or (b) if subparagraph (1)(d)(ii) applies—the declaration comes into force. Exception in relation to proceeds of crime orders (5) This section does not apply if at the time mentioned in subsection (4): (a) a restraining order is in force in relation to the land under Part 2‑1 of the Proceeds of Crime Act 2002; or (b) a forfeiture order is in force in relation to the land under Part 2‑2 of that Act; or (c) an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.