Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 50

    (1)     This section applies if a restraining order is over property that may be recorded in a statutory property register

Note     A registered interstate restraining order is taken to be a restraining order under this Act (see s 139).

    (2)     The restraining order, or details of the restraining order, may be recorded in the register—

        (a)     for a restraining order over land registered under the Land Titles Act 1925

—on a responsible authority giving a copy of the restraining order to the registrar-general; or

Note     The registrar-general may, on receipt of the order, enter a caveat for the prevention of any fraud or improper dealing (see Land Titles Act 1925

, s 14 (1) (h)).

        (b)     in any other case—on application by a responsible authority.

    (3)     Anyone who acquires an interest in the property after the recording of the restraining order in the register is taken to have notice of the restraining order at the time of acquisition.

    (4)     If the property stops being restrained property, the responsible authority must—

        (a)     for a restraining order over land registered under the Land Titles Act 1925

—tell the registrar-general of the cancellation of the restraining order; or

        (b)     in any other case—apply for the cancellation of the restraining order's registration in the statutory property register.

    (5)     In this section:

"responsible authority" means—

        (a)     the DPP; or

        (b)     if the public trustee and guardian has taken control of the property under this Act—the public trustee and guardian; or

        (c)     for a registered interstate restraining order—anyone who is authorised under the corresponding law under which the order was made to register a restraining order, or details of a restraining order, in a statutory property register.