Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 123

123 .         Creation of charge

        (1)         A charge is created on property that is frozen under a registered interstate freezing order if —

            (a)         the order was made in connection with a confiscation offence committed interstate by the owner of the property; and

            (b)         an interstate criminal benefits declaration is made against the person in connection with the confiscation offence; and

            (c)         the interstate criminal benefits declaration is registered in a court of this State under the Service and Execution of Process Act 1992 of the Commonwealth.

        (2)         The charge is created as soon as both the interstate freezing order and the interstate criminal benefits declaration are registered in a court of this State.

        (3)         The charge is created to the extent necessary to secure the payment of the amount due under the interstate criminal benefits declaration.