Customs Act 1901

PART XIII - PENAL PROVISIONS  

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

SECTION 243H   REVOCATION OF ORDER UNDER SECTION 243E  

243H(1)   [Revocation of order for recovery of pecuniary penalty]  

Where, after a restraining order has been made in relation to a proceeding for the recovery of a pecuniary penalty -

(a) no pecuniary penalty is imposed upon the determination of that proceeding;

(b) the pecuniary penalty imposed upon the determination of that proceeding is paid; or

(c) the Court is satisfied that it is, in all the circumstances, proper to do so,

the Court may, upon application being made to it by a person authorized to make an application under section 243F, revoke that order.

243H(2)   [Further restraining order]  

The revocation of a restraining order that was made in relation to a proceeding for the recovery of a pecuniary penalty does not prevent the Court from making a further restraining order in relation to that proceeding.

243H(3)   [Revocation of restraining order]  

Without limiting the powers of the Court to make an order under subsection (1), the Court may revoke a restraining order upon the applicant -

(a) giving security satisfactory to the Court for the payment of any pecuniary penalty that may be imposed on him or her in the relevant proceeding; or

(b) giving undertakings satisfactory to the Court concerning the property of the applicant.

243H(4)   [Discharge of Official Trustee]  

Where the Court revokes or has revoked, a restraining order the Court may make such order or orders as it deems proper for or in relation to the discharge of the Official Trustee concerned from all liability in respect of the exercise by it of the powers conferred on it, and the performance by it of the duties imposed on it, under this Division in respect of the property of the person to whom the restraining order related.