sec.18Effect of restraining order

### sec.18 Effect of restraining order While a restraining order is effective against property of a description specified in section 12 (1) (d) that property may be taken and sold in execution of an order under section 7 (2) as if that property were the property of the convicted person in connection with whose conviction the order under section 7 (2) and the restraining order were made. Upon the making of a restraining order against any property there is created, by force of this subsection, a charge on the property to secure payment to the Crown of the judgment debt due by the convicted person in respect of whom the judgment debt was created. A charge created by subsection (2) on property of a person ceases to have effect on the property— upon the discharge of the restraining order; upon the discharge of the judgment debt in relation to which the restraining order was made; upon the person becoming a bankrupt; upon the sale or other disposition of the property— by the owner of the property in accordance with the restraining order or with the consent of a judge of the Supreme Court; or where the restraining order directs the public trustee to take custody and control of the property—by the public trustee; upon the sale of the property to a bona fide purchaser for value who, at the time of purchase, has no notice of the charge; whichever first occurs. A charge created on property by subsection (2) — is subject to every encumbrance on the property that came into existence for full and valuable consideration before the charge and that would, apart from this subsection, have priority over the charge; and has priority over all encumbrances other than one referred to in paragraph (a) ; and subject to subsection (3) , is not affected by a change in ownership of the property. In this subsection— encumbrance includes a mortgage in fee or for a less estate or interest, a trust for securing money, a lien and a charge of a portion, annuity or other capital or annual sum. A charge created by subsection (2) upon the making of a restraining order against property to which section 14 (1) (c) applies is effective to secure payment of the judgment debt in relation to which the restraining order was made only to the extent that proceeds of superannuation or retirement benefits of the convicted person in respect of whom the judgment debt was created facilitated or assisted the acquisition of the property. Upon application under section 12 (1) for a restraining order against property to which section 14 (1) (c) applies or, where a charge has been created by subsection (2) on property to which that paragraph applies, upon application made to a judge of the Supreme Court by— the Minister; or a person having an estate or interest in the property; or a person aggrieved by the charge; a judge of the Supreme Court may assess the quantum of the extent to which the charge will be or, as the case may be, is effective pursuant to subsection (5) and until it is revoked or varied upon further application made under this subsection the assessment made therein shall be conclusive evidence of the amount secured by the charge on that property. (sec.18-ssec.1) While a restraining order is effective against property of a description specified in section 12 (1) (d) that property may be taken and sold in execution of an order under section 7 (2) as if that property were the property of the convicted person in connection with whose conviction the order under section 7 (2) and the restraining order were made. (sec.18-ssec.2) Upon the making of a restraining order against any property there is created, by force of this subsection, a charge on the property to secure payment to the Crown of the judgment debt due by the convicted person in respect of whom the judgment debt was created. (sec.18-ssec.3) A charge created by subsection (2) on property of a person ceases to have effect on the property— upon the discharge of the restraining order; upon the discharge of the judgment debt in relation to which the restraining order was made; upon the person becoming a bankrupt; upon the sale or other disposition of the property— by the owner of the property in accordance with the restraining order or with the consent of a judge of the Supreme Court; or where the restraining order directs the public trustee to take custody and control of the property—by the public trustee; upon the sale of the property to a bona fide purchaser for value who, at the time of purchase, has no notice of the charge; whichever first occurs. (sec.18-ssec.4) A charge created on property by subsection (2) — is subject to every encumbrance on the property that came into existence for full and valuable consideration before the charge and that would, apart from this subsection, have priority over the charge; and has priority over all encumbrances other than one referred to in paragraph (a) ; and subject to subsection (3) , is not affected by a change in ownership of the property. (sec.18-ssec.4A) In this subsection— encumbrance includes a mortgage in fee or for a less estate or interest, a trust for securing money, a lien and a charge of a portion, annuity or other capital or annual sum. (sec.18-ssec.5) A charge created by subsection (2) upon the making of a restraining order against property to which section 14 (1) (c) applies is effective to secure payment of the judgment debt in relation to which the restraining order was made only to the extent that proceeds of superannuation or retirement benefits of the convicted person in respect of whom the judgment debt was created facilitated or assisted the acquisition of the property. (sec.18-ssec.6) Upon application under section 12 (1) for a restraining order against property to which section 14 (1) (c) applies or, where a charge has been created by subsection (2) on property to which that paragraph applies, upon application made to a judge of the Supreme Court by— the Minister; or a person having an estate or interest in the property; or a person aggrieved by the charge; a judge of the Supreme Court may assess the quantum of the extent to which the charge will be or, as the case may be, is effective pursuant to subsection (5) and until it is revoked or varied upon further application made under this subsection the assessment made therein shall be conclusive evidence of the amount secured by the charge on that property. - (a) upon the discharge of the restraining order; - (b) upon the discharge of the judgment debt in relation to which the restraining order was made; - (c) upon the person becoming a bankrupt; - (d) upon the sale or other disposition of the property— (i) by the owner of the property in accordance with the restraining order or with the consent of a judge of the Supreme Court; or (ii) where the restraining order directs the public trustee to take custody and control of the property—by the public trustee; - (i) by the owner of the property in accordance with the restraining order or with the consent of a judge of the Supreme Court; or - (ii) where the restraining order directs the public trustee to take custody and control of the property—by the public trustee; - (e) upon the sale of the property to a bona fide purchaser for value who, at the time of purchase, has no notice of the charge; - (i) by the owner of the property in accordance with the restraining order or with the consent of a judge of the Supreme Court; or - (ii) where the restraining order directs the public trustee to take custody and control of the property—by the public trustee; - (a) is subject to every encumbrance on the property that came into existence for full and valuable consideration before the charge and that would, apart from this subsection, have priority over the charge; and - (b) has priority over all encumbrances other than one referred to in paragraph (a) ; and - (c) subject to subsection (3) , is not affected by a change in ownership of the property. - (a) the Minister; or - (b) a person having an estate or interest in the property; or - (c) a person aggrieved by the charge;