Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 237

237 Charge on property subject to filed interstate restraining order and interstate pecuniary penalty order

(1) This section applies if—

(a) an interstate restraining order is filed under this Act; and

(b) an interstate pecuniary penalty order is filed under the Service and Execution of Process Act 1992 (Cwlth) .

(2) When the orders are filed, a charge on the property restrained under the interstate restraining order is created to secure payment of the amount payable under the interstate pecuniary penalty order.

(2A) The charge is declared to be a statutory interest to which section 73 (2) of the Personal Property Securities Act 2009 (Cwlth) applies.

(3) The charge ceases to have effect when under the relevant corresponding law the charge created on the making of the pecuniary penalty order ceases to have any effect.

(4) Section 196 (4) , (5) and (6) apply to the charge in the same way and to the same extent as they apply to a charge created by section 196 (2) .