Western Australian Current Acts

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CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 9

9 .         Registrable real property, time and effect of confiscation of under s. 6, 7 or 8

        (1)         Registrable real property that is confiscated under section 6, 7 or 8 vests absolutely in the State when —

            (a)         the court declares under section 30 that the property has been confiscated; and

            (b)         a memorial of the making of the declaration is registered under section 113(1).

        (2)         When registrable real property vests in the State under subsection (1) —

            (a)         the property vests free from all interests, whether registered or not, including trusts, mortgages, charges, obligations and estates, (except rights-of-way, easements and restrictive covenants); and

            (b)         any caveat in force in relation to the property is taken to have been withdrawn; and

            (c)         the title in the property passes to the State.

        (3)         If registrable real property has been confiscated under section 6, 7 or 8, but has not vested in the State under subsection (1), sections 50 and 51 and Part 7 apply to the property as if it were subject to a freezing order.



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