Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 3 - Recovery of Pecuniary Penalties for Dealings in Narcotic Goods  

SECTION 243A   INTERPRETATION  

243A(1)   [Definitions]  

In this Division, unless the contrary intention appears -

"benefit"
includes service or advantage;

"cheque"
includes a bill, promissory note or other security for money;

"Court"
means the Federal Court of Australia;

"dealing"
, in relation to property of a person, includes:

(a) if a debt is owed to that person - making a payment to any person in reduction of the amount of the debt;

(b) removing the property from Australia; and

(c) receiving or making a gift of the property;

"effective control"
, in relation to property, or an interest in property, has the meaning given by section 243AB;

"interest"
, in relation to property, means:

(a) a legal or equitable estate or interest in the property; or

(b) a right, power or privilege in connection with the property;

whether present or future and whether vested or contingent;

"moneys"
means moneys in the form of cash;

"Official Trustee"
means the Official Trustee in Bankruptcy;

"pecuniary penalty"
means a pecuniary penalty referred to in section 243B;

"penalty amount"
, in relation to an order under section 243B against a person, means the amount that the person is liable to pay the Commonwealth under the order;

"petition"
means a petition under the Bankruptcy Act 1966 ;

"police officer"
means:

(a) a member or special member of the Australian Federal Police; or

(b) a member of the police force of a State or Territory;

"property"
means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible and includes an interest in any such real or personal property;

"restraining order"
means an order made under paragraph 243E(2)(c);

"Trust Fund"

"trustee in bankruptcy"
means:

(a) in relation to a bankruptcy - the trustee of the estate of the bankrupt; or

(b) in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 - the trustee of the composition or scheme of arrangement; or

(c) in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 - the trustee of the agreement; or

(d) in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966 - the trustee of the estate;

243A(2)   [Cash received]  

Where a person who has obtained possession or control of a cheque, or was paid moneys by a cheque, in any of the circumstances set out in subsection (3), receives, in respect of the cheque, moneys in the form of cash, the moneys so received shall, for the purposes of this Division, be deemed to be moneys that came into his or her possession or under his or her control, or were paid to him or her, in the circumstances in which he or she obtained possession or control of the cheque, or was paid the moneys by the cheque.

243A(3)   [Narcotics dealing]  

For the purposes of this Division, a person shall be taken to engage in a prescribed narcotics dealing if -

(a) he or she sells or otherwise deals in, or agrees to sell or otherwise deal in, narcotic goods imported into Australia in contravention of this Act; or

(b) he or she imports, or agrees to import, narcotic goods into Australia in contravention of this Act; or

(c) he or she exports, or agrees to export, narcotic goods from Australia in contravention of this Act; or

(d) he or she keeps, or agrees to keep, in his or her possession narcotic goods imported into Australia in contravention of this Act; or

(e) he or she conspires with another person or other persons to import any narcotic goods into Australia, or to export any narcotic goods from Australia, in contravention of this Act; or

(f) he or she aids, abets, counsels or procures, or is in any way knowingly concerned in, the sale of, or other dealing in, narcotic goods imported into Australia in contravention of this Act, the importation of narcotic goods into Australia, or the exportation of narcotic goods from Australia, in contravention of this Act, or the keeping in the possession of any person of narcotic goods imported into Australia in contravention of this Act.

Note: Goods are imported or exported in contravention of this Act if they are imported or exported in breach of a prohibition under this Act: see subsection 4(4A) .

243A(4)   [Benefit derived]  

A reference in this Division to a benefit derived by a person includes a reference to:

(a) a benefit derived, directly or indirectly, by the person; and

(b) a benefit derived, directly or indirectly, by another person at the request or direction of the first person.

243A(4A)   [Property]  

A reference in this Division to the property of a person includes a reference to property in respect of which the person has a beneficial interest.

243A(5)   [Restraining order]  

Where, upon application being made to the Court under subsection 243E(1) and supported by an affidavit made by a police officer or an officer of Customs stating that he or she believes that any property is the property of a person, the Court makes a restraining order against that property, for the purposes of this Division, the property shall, while that order applies to the property, be deemed to be the property of that person.

243A(6)   [Proceeding]  

A reference in this Division to a proceeding for the recovery of a pecuniary penalty shall be read as a reference to a proceeding instituted under section 243B for an order under subsection (1) of that section.

243A(7)