QLDIn ForceAct
Public Officers Superannuation Benefits Recovery Act 1988
sec.20Registration of orders and charges
Start here
Get a plain-English read of sec.20
Turn the raw legal text into a practical explanation grounded in Public Officers Superannuation Benefits Recovery Act 1988.
### sec.20 Registration of orders and charges
Where a restraining order is made against or a charge is created on property of such a kind that title to, or charges or other particulars affecting that property are recorded in a register, the person having charge of the register relating to that property—
on receipt of an appropriate request made by the Minister, and sufficient relevant evidence, shall record in the register relating to that property the existence of the restraining order or, as the case may be, the charge; and
on receipt of an appropriate request made by the Minister or the owner of that property, and sufficient relevant evidence, may record in the register relating to that property the discharge of the restraining order or, as the case may be, the cessation of effect of the charge.
A recording in a register shall be made under subsection (1) notwithstanding that the current grant or certificate or other instrument of title is not delivered up to the person having charge of the register.
Where a restraining order has been made against land under the Land Title Act 1994 , the Minister and the public trustee (where it has taken custody and control of the land) is each entitled, by caveat, to forbid the registration of any instrument affecting the land subject to and in accordance with that Act and, for this purpose, the Minister and the public trustee shall each be deemed to have an interest in the land sufficient to support the caveat.
A caveat lodged pursuant to the entitlement conferred by subsection (3) shall not be deemed to have lapsed as provided by the Land Title Act 1994 but shall continue in force until it is duly removed or cancelled as provided by the that Act.
s 20 amd 1994 No. 11 s 194 sch 2
(sec.20-ssec.1) Where a restraining order is made against or a charge is created on property of such a kind that title to, or charges or other particulars affecting that property are recorded in a register, the person having charge of the register relating to that property— on receipt of an appropriate request made by the Minister, and sufficient relevant evidence, shall record in the register relating to that property the existence of the restraining order or, as the case may be, the charge; and on receipt of an appropriate request made by the Minister or the owner of that property, and sufficient relevant evidence, may record in the register relating to that property the discharge of the restraining order or, as the case may be, the cessation of effect of the charge.
(sec.20-ssec.2) A recording in a register shall be made under subsection (1) notwithstanding that the current grant or certificate or other instrument of title is not delivered up to the person having charge of the register.
(sec.20-ssec.3) Where a restraining order has been made against land under the Land Title Act 1994 , the Minister and the public trustee (where it has taken custody and control of the land) is each entitled, by caveat, to forbid the registration of any instrument affecting the land subject to and in accordance with that Act and, for this purpose, the Minister and the public trustee shall each be deemed to have an interest in the land sufficient to support the caveat.
(sec.20-ssec.4) A caveat lodged pursuant to the entitlement conferred by subsection (3) shall not be deemed to have lapsed as provided by the Land Title Act 1994 but shall continue in force until it is duly removed or cancelled as provided by the that Act.
- (a) on receipt of an appropriate request made by the Minister, and sufficient relevant evidence, shall record in the register relating to that property the existence of the restraining order or, as the case may be, the charge; and
- (b) on receipt of an appropriate request made by the Minister or the owner of that property, and sufficient relevant evidence, may record in the register relating to that property the discharge of the restraining order or, as the case may be, the cessation of effect of the charge.