Sections 70 and 72 of the Confiscation Act 1997 (Vic) cannot be used to create a charge over the property of a company in liquidation to satisfy a pecuniary penalty order made against an individual who had effective control of that property, because those provisions are directly inconsistent with the winding up provisions of Chapter 5 of the Corporations Act 2001 (Cth) and s.5G does not operate to avoid the inconsistency. For s.5G to apply to a pre-commencement State provision, the State Act itself must expressly provide that it operates despite the Corporations Law — a provision within the Corporations Law acknowledging the State Act is insufficient. Section 553B(2) of the Corporations Law applies only to pecuniary penalty orders made against the company, not against an individual in effective control of the company's property.
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