Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 51

51 Recording of restraining order

(1) This section applies if a restraining order applies to property of a particular kind and a law, whether or not a law of the State, provides for the registration of title to, an interest in, or a charge over, property of that kind.

(2) On the application of the commission or the commissioner of the police service, the authority responsible for administering the law must record the particulars of the relevant restraining order in the register kept under the law.

(3) Subsection (2) applies even though a relevant document of title is not produced to a registrar or any other person.

(4) Unless the contrary is proved, a person who later deals with property for which particulars are recorded under subsection (2) is taken to have had notice of the relevant restraining order.

(5) If the Land Title Act 1994 applies to the property, the commission or the commissioner of the police service may lodge, and the registrar of titles must register, a caveat over the property under that Act.

(6) As soon as practicable after the relevant restraining order stops having effect in relation to the property—

(a) the commission or the commissioner of the police service must apply for cancellation of the record of the order; and

(b) the authority responsible for administering the relevant law must take the steps necessary to cancel the record.

(7) Also, if the commission or the commissioner of the police service lodged a caveat over the property under subsection (5) , as soon as practicable after the relevant restraining order stops having effect in relation to the property, the commission or the commissioner of the police service must withdraw the caveat.