Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(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 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) Without limiting subsection (2), if the restraining order is over land registered under the Land Titles Act 1925 —
(a) the responsible authority may lodge a copy of the restraining order with the registrar-general for registration under the Land Titles Act 1925 , section 104 (Lodging of caveat); and
(b) the responsible authority is, on behalf of the Territory, taken to be a person claiming an interest in the land to which the restraining order relates; and
(c) to remove any doubt, that Act, section 104 (5) does not apply to the registered restraining order.
Note The Land Titles Act 1925 , s 104 (5) allows certain dealings to be registered unless the caveat prohibits them. However, this Act, s 23 prohibits such a dealing.
(5) If the property ceases to be restrained property, the responsible authority must apply for the cancellation of the restraining order's registration in the statutory property register.
(6) Without limiting subsection (5), if the restraining order is over land registered under the Land Titles Act 1925 , the responsible authority must lodge a notice of the ending of the restraining order with the registrar-general for registration under that Act.
(7) In this section:
"responsible authority" means—
(a) the DPP; or
(b) if the public trustee has taken control of the property under this Act—the public trustee; 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.