Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 131

Permitted dealings in respect of mortgaged or leased property
(1)  If property that is mortgaged is subject to a specified restraining order, this Part does not prevent –
(a) the mortgagor from making payments to the mortgagee in accordance with the mortgage if the payments are made with money that is not subject to a specified restraining order; or
(b) the mortgagee from accepting payments from the mortgagor in accordance with the mortgage; or
(c) the issue of a notice of default by a mortgagee, and the exercise of the mortgagee's rights, under the terms of the mortgage or as specified in legislation.
(2)  If property that is leased is subject to a specified restraining order, this Part does not prevent –
(a) the tenant from making payments to the landlord in accordance with the lease if the payments are made with money that is not subject to a specified restraining order; or
(b) the landlord from accepting payments from the tenant in accordance with the lease; or
(c) the renewal of a pre-existing lease agreement over land; or
(d) the issue of a notice of default by a landlord, and the exercise of the landlord's rights, under the terms of the lease or as specified in legislation.



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