Criminal Assets Confiscation Act 2005

If—

a confiscation order is made against a person in relation to a serious offence; and

a restraining order relating to the offence or a related offence is, or has been, made against—

the person's property; or

another person's property in relation to which an order under section 123(1) is, or has been, made, then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the

The charge ceases to have effect in respect of the property—

if the order was made in relation to the person's conviction of the serious offence and that conviction is quashed—upon the order being discharged under Part

upon the discharge of the order or the restraining order by a court hearing an appeal against the making of the order; or

upon payment to the Crown of the penalty amount or the amount to be paid under the literary proceeds order in satisfaction of the order;

upon the sale or other disposition of the property—

under an order under

by the owner of the property with the consent of the court that made the order; or

if the restraining order directed the Administrator to take custody and control of the property—by the owner of the property with the consent of the Administrator; or

upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge, whichever first occurs.