Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 94

    (1)     This section applies if, in relation to an offence—

        (a)     a restraining order is made; and

        (b)     a penalty order is made.

    (2)     On the making of the later of the orders, all of the restrained property is automatically charged to secure the payment to the Territory of the amount of the penalty order.

Note 1     An interstate penalty charge is taken to be a penalty charge under this Act (see s 139).

Note 2     If the penalty charge is over restrained property that may be recorded in a statutory property register, details of the restraining order may be recorded in the register under s 50.

    (3)     If the restraining order is varied after the penalty order is made to add more property, the additional property is also automatically charged to secure payment to the Territory of the amount of the penalty order.

    (4)     A charge on property created by this section (a penalty charge )—

        (a)     is subject to every encumbrance on the property that came into existence before the charge and that would have priority over the charge if this subsection had not been enacted; and

        (b)     has priority over all other encumbrances; and

        (c)     is a statutory interest of a kind to which the Personal Property Securities Act 2009

(Cwlth), section 73 (2) applies; and

        (d)     is not affected by any change in the ownership of the property unless the change in ownership ends the penalty charge under section 95 (c) or (d).