Cessation of charge
124 Cessation of charge
A charge created on property under section 123(1) ceases to have effect as soon as any one of the following happens —
the interstate criminal benefits declaration that gave rise to the charge ceases to have effect;
the declaration is set aside by a court;
the amount due under or as a result of the declaration is paid;
the owner of the property becomes, according to the Interpretation Act 1984 section 13D, a bankrupt;
the property is sold to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge;
the property is sold or otherwise disposed of in accordance with subsection (2).
For the purposes of subsection (1)(f), property may be sold or otherwise disposed of —
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
by the owner of the property with the consent of the court that made the interstate criminal benefits declaration; or
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.]
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