Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 95

A penalty charge over property ends when the earliest of the following events happens:

        (a)     the penalty order for which the charge was created ends;

Note     For when a penalty order ends, see s 98. See also the example to this section.

        (b)     the restraining order over the property ends;

Note     For when restraining orders end, see div 4.3. See also the example to this section.

        (c)     the property is sold, or otherwise disposed of, with the consent of—

              (i)     the relevant court that made the penalty order; or

              (ii)     if a trustee (including the public trustee and guardian) controls the property—the trustee;

        (d)     the property is sold to a purchaser who—

              (i)     buys the property honestly and for sufficient consideration; and

              (ii)     at the time of the purchase, has no notice of the charge.

Example of end of restraining order and penalty order

If a penalty order is made in relation to an ordinary offence of which the offender was convicted, both the restraining order and the penalty order end if the conviction is later quashed (see s 47 and s 98).

Note     If the restraining order over the charged property is registered in a statutory property register, anyone who buys the property is taken to have notice of the charge (see s 50 (3)).