On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Charge pursuant to Criminal Assets Recovery Act 1990

Pursuant to section 31(1) of the Criminal Assets Recovery Act 1990 (NSW) (the ‘Act’), if the Supreme Court makes a proceeds assessment order or unexplained wealth order against a person, all the interests of the person in property are charged in favour of the Crown to secure payment of the assessed amount. The charge may be registered by lodgment of a Request form 11R accompanied by a sealed copy of the order issued by the Supreme Court. The Request should be signed by the NSW Trustee and Guardian or an appropriate officer. The Request does not require marking by Revenue NSW.

Pursuant to section 31(3) of the Act, the charge is subject to every encumbrance that came into existence before the charge, but has priority over all other encumbrances.

NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

Where the charge ceases to have effect under section 31(2) of the Act, it may be cancelled by lodgment of a Request form executed by:

  • the NSW Trustee and Guardian or
  • the registered proprietor accompanied by:
    • the consent of the NSW Trustee and Guardian or
    • evidence to show that the charge has ceased to have effect.

The Request for cancellation does not require marking by Revenue NSW.

NSW legislation can be accessed at www.legislation.nsw.gov.au/

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Registration Procedure

On direction from Legal that charge can be registered.

PRIME CODE    CH

DETAILS          Criminal Assets Recovery Act 1990
 

Publication Date: March 2024