Pursuant to the Proceeds of Crime Act 2002 (Cth) (the ‘Act’), there are certain offences where pecuniary penalty orders may be made which require payment to the Commonwealth. Where such an order is made in respect of land which is subject to a restraining order, a charge to secure the payment of the penalty amount in favour of the Commonwealth is created. The charge may be registered by lodgment of a Request form 11R accompanied by:
- a copy of the restraining order; and
- a statement by the Director of Public Prosecutions or the Official Trustee to the effect that a pecuniary penalty order has been made.
See sections 115, 140, 142 and 143 of the Act.
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
NOTE: The charge is subject to any interest, mortgage, charge, right or other interest recorded in the Register before the charge (see section 142(3) of the Act).
The Request does not require marking by Revenue NSW.
Where the charge ceases to have effect in the circumstances set out in section 142(2) of the Act, it may be cancelled by lodgment of a Request form 11R executed by:
- the Director of Public Prosecutions or
- the registered proprietor accompanied by the consent of the Director of Public Prosecutions.
The Request for cancellation does not require marking by Revenue NSW.
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Commonwealth legislation can be accessed at www8.austlii.edu.au/au/legis/cth/consol_act/
Staff processing information
Refer all cases to Legal through the Senior Examining Officer.
Refer a 'freezing notice' pursuant to s49 Confiscation of Proceeds of Crime Amendment Act 2005 to Legal through the Senior Examining Officer.
Registration Procedure
On direction from Legal that charge can be registered.
PRIME CODE CH
DETAILS [Act pursuant to which the charge was created]
Publication Date: March 2024