Part 2Consent and conditions regime
Enforcement: Powers of court
49Court may order mortgage to be registered over land
The court may, on the application of the regulator, order that a mortgage in favour of the Crown or any other person be registered over land to which a consent, an exemption, an exemption certificate, a direction order, an interim direction order, a prohibition order, or a disposal order relates for the purpose of securing—
- the performance of any obligation, or the repayment of any money, under a term or condition of the consent, the exemption, the exemption certificate, the direction order, the interim direction order, the prohibition order, or the disposal order; or
- the payment of a fine or civil pecuniary penalty imposed under this Act; or
- the payment of interest that must be paid under an order made under section 50.
The court must approve the terms of the mortgage before it is registered.
The court may make any other order or make any direction that is necessary to give effect to an order under subsection (1).
Notes
- Section 49(1): amended, on , by section 39(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
- Section 49(1)(a): replaced, on , by section 39(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).
- Section 49(1)(b): amended, on , by section 39(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).