Western Australian Current Acts Western Australian Current Acts (1) A charge created
on property under section 123(1) ceases to have effect as soon as any one of
the following happens —
(a) the
interstate criminal benefits declaration that gave rise to the charge ceases
to have effect;
(b) the
declaration is set aside by a court;
(c) the
amount due under or as a result of the declaration is paid;
(d) the
owner of the property becomes, according to the Interpretation Act 1984
section 13D, a bankrupt;
(e) the
property is sold to a purchaser in good faith for value who, at the time of
purchase, had no notice of the charge;
(f) the
property is sold or otherwise disposed of in accordance with subsection (2).
(2) For the purposes
of subsection (1)(f), property may be sold or otherwise disposed of —
(a)
under an order made by a court under the corresponding law of the
Commonwealth, or of the State or Territory, under which the interstate
criminal benefits declaration was made; or
(b) by
the owner of the property with the consent of the court that made the
interstate criminal benefits declaration; or
(c)
where an order of a court directs a person to take control of the property
— by the owner of the property with the consent of the person.
[Section 124 amended: No. 18 of 2009 s. 27.]