Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 128

Land restrained under wealth-restraining order
(1)  If land is to be restrained property under a wealth-restraining order –
(a) the DPP must lodge with the Recorder a sealed copy of the wealth-restraining order; and
(b) if the land is not registered under the Land Titles Act 1980 , the Recorder is to  –
(i) bring the land under the Land Titles Act 1980 as if an application had been made under section 11 of that Act; and
(ii) register the wealth-restraining order against the relevant folio of the Register; and
(c) if the land is registered under the Land Titles Act 1980 , the Recorder is to register the wealth-restraining order against the relevant folio of the Register.
(2)  Land only becomes restrained property under a wealth-restraining order once the wealth-restraining order is registered under subsection (1)(b)(ii) or (1)(c) .
(3)  If, in accordance with section 127 , a wealth-restraining order registered under subsection (1) ceases to have effect and restrained property under the wealth-restraining order includes land –
(a) the DPP must lodge notification with the Recorder that the wealth-restraining order has ceased to have effect; and
(b) the Recorder is to register the notification against the relevant folio of the Register.
(4)  A wealth-restraining order registered under subsection (1) ceases to have effect in relation to the restrained property that is land when evidence that the wealth-restraining order has ceased to have effect is registered under subsection (3)(b) .



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