74 Registration of fine enforcement order as charge on
(1) The State Debt Recovery Office may apply to the Registrar-General
for registration of a fine enforcement order in relation to any land owned by
the fine defaulter (including any land owned jointly with another
(2) An application may not be made under this section unless the
amount payable under the order (or the total amount payable under the orders)
to which the application relates exceeds $1,000 or such other amount as is
prescribed by the regulations.
(3) An application under this section must define the land to which it
(4) The Registrar-General must, on application under this section and
lodgment of a copy of the fine enforcement order, register the order in
relation to the land in such manner as the Registrar-General thinks
(5) There is created by force of this section, on the registration of
the order, a charge on the land in relation to which the order is registered
to secure the payment to the State Debt Recovery Office of the amount payable
under the order.
(6) Such a charge ceases to have effect in relation to the
(a) on registration of the cancellation of the charge under section
(b) on the sale or other disposition of the property with the consent
of the State Debt Recovery Office, or
(c) on the sale of the land to a purchaser in good faith for value
who, at the time of the sale, has no notice of the
whichever first occurs.
(7) Such a charge is subject to every charge or encumbrance to which
the land was subject immediately before the order was registered and, in the
case of land under the provisions of the Real Property Act 1900, is subject
to every prior mortgage, lease or other interest recorded in the Register kept
under that Act.
(8) Such a charge is not affected by any change of ownership of the
land, except as provided by subsection (6).
(a) such a charge is created on land of a particular kind and the
provisions of any law of the State provide for the registration of title to,
or charges over, land of that kind, and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the
registration of the charge is, for the purposes of subsection (6), taken to
have notice of the charge.
(10) If such a charge relates to land under the provisions of the
Real Property Act 1900, the
charge has no effect until it is registered under that