Property (seizure and sale) Order

Transfer of Land Act 1893
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_997_homepage.html

Snippets from the Act: [Underline emphasis added]

TRANSFER OF LAND ACT 1893 – SECT 133

133. Property (seizure and sale) order, registration of etc.

(1) In this section —

sheriff’s dealing, in relation to saleable interest, means a transfer of the saleable interest pursuant to a sale of it by the sheriff under a property (seizure and sale) order.

(1a) An application to the Registrar under this section must be made in an approved form.

(2) A judgment creditor who is named in a property (seizure and sale) order may apply to the Registrar to have the order registered in respect of any saleable interest —

(a) that the judgment debtor named in the order has in any land that is under the operation of this Act; and

(b) that is registered in respect of the land.


(e) be accompanied by a copy of —

(i) the order, certified as a true copy by the sheriff; and

Part XIII — Offences

214. Offences

(1) A person must not do any of the things set out in subsection (3).

Penalty: imprisonment for 10 years and a fine of $100 000.

Summary conviction penalty: imprisonment for 3 years and a fine of $40 000.

(2) An offence under subsection (1) is a crime.

(3) The things to which subsection (1) applies are —

(a) making any statement or declaration that the person making it knows is false or misleading in a material particular in —

(i) any application under this Act; or

(ii) any document lodged, deposited, presented or filed under this or any other Act;

(b) making or giving any certification required under this Act that the person making or giving it knows is false or misleading in a material particular;

(c) providing to the Commissioner or Registrar any material, document, fact or information that the person providing it knows is false or misleading in a material particular;

(d) suppressing, withholding or concealing from the Commissioner or Registrar any material, document, fact or information;

(e) making any statutory declaration authorised or required under this Act that the person making it knows is false or misleading in a material particular;

(f) giving evidence in the course of an examination before the Commissioner that the person giving it knows is false or misleading in a material particular;

(g) fraudulently procuring —

(i) a certificate of title or instrument; or

(ii) an entry in the Register; or

(iii) any erasure or alteration in any entry in the Register;

[(h) deleted]

(i) misleading or deceiving any person authorised to require an explanation or information in respect of —

(i) any land, or the title to any land, under the operation of this Act; or

(ii) any land, or the title to any land, that is the subject of an application to bring it under the operation of this Act; or

(iii) any land or the title to any land in respect of which any dealing or transmission is proposed to be registered.

[(j) deleted]

[Section 214 inserted: No. 2 of 2014 s. 86; amended: No. 32 of 2018 s. 264; No. 21 of 2022 s. 40.]

214A. Effect of fraud

Any certificate of title, instrument, entry, erasure or alteration procured or made by fraud in any of the circumstances set out in section 214 is void as against all persons who are party to that fraud, whether or not anyone is convicted of that fraud.

[Section 214A inserted: No. 2 of 2014 s. 86.]

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Criminal Code Act Compilation Act 1913 (Western Australia) similar in all states
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_218_homepage.html

Chapter XL — Fraud

[Heading inserted: No. 101 of 1990 s. 24.]

[408.Deleted: No. 101 of 1990 s. 24.]

409.Fraud

(1)Any person who, with intent to defraud, by deceit or any fraudulent means —

(a)obtains property from any person; or

(b)induces any person to deliver property to another person; or

(c)gains a benefit, pecuniary or otherwise, for any person; or

(d)causes a detriment, pecuniary or otherwise, to any person; or

(e)induces any person to do any act that the person is lawfully entitled to abstain from doing; or

(f)induces any person to abstain from doing any act that the person is lawfully entitled to do,

is guilty of a crime and is liable —

(g)if the person deceived is of or over the age of 60 years, to imprisonment for 10 years; or

(h)in any other case, to imprisonment for 7 years.

Alternative offence: s. 378, 414 or 417.

Summary conviction penalty (subject to subsection (2)):

(a)in a case to which paragraph (g) applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which paragraph (h) applies: imprisonment for 2 years and a fine of $24 000.

(2)If the value of —

(a)property obtained or delivered; or

(b)a benefit gained or a detriment caused;

is more than $50 000 the charge is not to be dealt with summarily.

(3)It is immaterial that the accused person intended to give value for the property obtained or delivered, or the benefit gained, or the detriment caused.

[Section 409 inserted: No. 101 of 1990 s. 24; amended: No. 36 of 1996 s. 23; No. 23 of 2001 s. 11; No. 70 of 2004 s. 35(4) and 36(3); No. 11 of 2014 s. 6; No. 28 of 2018 s. 9.]

[410‑413.Deleted: No. 101 of 1990 s. 24.]

Chapter XLI — Receiving property stolen or fraudulently obtained and like offences

414.Receiving stolen property etc.

Any person who receives any property which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place not in Western Australia which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a crime.

Alternative offence: s. 378, 409 or 417.

The offender is liable —

(a)if the court is satisfied as to the act by means of which the property was obtained, to the penalty provided for the offence constituted by that act, or to imprisonment for 14 years, whichever is the lesser;

(b)otherwise, to imprisonment for 14 years.

For the purpose of proving the receiving of anything, it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his possession, or has aided in concealing it or disposing of it.

In this section property as well as having the same meaning as that expression has in section 1 of this Code, includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which it has been converted or exchanged and anything acquired by the conversion or exchange whether immediately or otherwise.

[Section 414 amended: No. 20 of 1954 s. 3; No. 51 of 1992 s. 10; No. 73 of 1994 s. 4; No. 4 of 2004 s. 68; No. 70 of 2004 s. 36(10); No. 11 of 2014 s. 6.]

415.Receiving after change of ownership

When a thing has been obtained by means of any act constituting an indictable offence, or by means of an act done at a place not in Western Australia, which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, and another person has acquired a lawful title to it, a subsequent receiving of the thing is not an offence although the receiver knows that the thing had previously been so obtained.

416.Taking reward for recovery of property obtained by means of indictable offence

Any person who corruptly receives or obtains, or corruptly agrees to receive or obtain, any property or benefit of any kind upon an agreement or understanding that he will help any person to recover anything which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place not in Western Australia which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, is, unless he has used all due diligence to cause the offender to be brought to trial for the offence, guilty of a crime, and is liable to imprisonment for 7 years.

[Section 416 amended: No. 51 of 1992 s. 16(2).]

417.Possessing stolen or unlawfully obtained property

(1)A person who is in possession of any thing capable of being stolen that is reasonably suspected to be stolen or otherwise unlawfully obtained is guilty of a crime and is liable, if no other punishment is provided under section 417A, to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

(2)It is a defence to a charge under subsection (1) to prove that at the time the accused was allegedly in possession of the thing, the accused had no reasonable grounds for suspecting that the thing was stolen or unlawfully obtained.

[Section 417 inserted: No. 11 of 2014 s. 4.]

417A.Punishment for possession in special cases

(1)The penalty for a crime committed under section 417(1) in a case specified in this section is the penalty specified for that case.

(2)If the thing is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for 10 years.

(3)If the thing is a motor vehicle, the offender is liable to imprisonment for 8 years if the offender —

(a)wilfully drives the motor vehicle in a manner that constitutes an offence under the Road Traffic Act 1974 section 60 or 60A; or

(b)drives the motor vehicle in a manner that constitutes an offence under the Road Traffic Act 1974 section 61 (i.e. the offence known as dangerous driving).

(4)If the thing is an aircraft, the offender is liable to imprisonment for 10 years.

(4A)If the thing is a firearm, as defined in the Firearms Act 1973 section 4, the offender is liable to imprisonment for 10 years.

(5)If the offender is employed in the Public Service and the thing came into the possession of the offender by virtue of his or her employment, the offender is liable to imprisonment for 10 years.

(6)If the offender is an employee and the thing came into the possession of the offender on account of his or her employer, the offender is liable to imprisonment for 10 years.

(7)If the offender is a director or officer of a corporation or company, and the thing is the property of the corporation or company, the offender is liable to imprisonment for 10 years.

[Section 417A inserted: No. 11 of 2014 s. 4; amended: No. 51 of 2016 s. 50; No. 13 of 2022 s. 69.]

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