Victorian Current Acts

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Land becomes subject to charge

    (1)     As soon as practicable after an order is made under section 136, the sheriff must lodge with the Registrar of Titles—

        (a)     an application—

              (i)     describing the land to be charged; and

              (ii)     stating the amount of the charge; and

        (b)     a copy of the order of the Court under section 136.

S. 137(2) amended by No. 9/2008 s. 39(3).

    (2)     On an application being lodged under subsection (1), subject to the Transfer of Land Act 1958 , the Registrar of Titles must record the charge in the Register kept under that Act and on that recording, the amount outstanding under the infringement warrant or warrants (as the case requires) is a charge on the land held by the person in respect of whom the order applies until—

        (a)     that amount is recovered; or

        (b)     the person in respect of whom the order under section 136 was made dies; or

        (c)     the charge on the land expires or is otherwise removed.

    (3)     A charge may be recorded under this section in the Register kept under the Transfer of Land Act 1958 without submission to the Registrar of Titles of any relevant certificate of title.

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