Customs Act 1901

PART XIII - PENAL PROVISIONS  

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

SECTION 243F   COURT MAY MAKE FURTHER ORDERS  

243F(1AA)  
In this section:

"defendant"
has the same meaning as in section 243E .

243F(1)  
Where the Court makes, or has made, a restraining order (in this section called the " original order " ) against property, of a person (in this section called the " owner " ), the Court may, at the time it makes the original order or at any subsequent time, make such orders in relation to that property as the Court considers just and, without limiting the power so conferred on the Court, the Court may, at any time or from time to time, make an order -


(a) varying the original order in respect of the property to which it relates or any provision included in the original order by virtue of paragraph 243E(2)(d) ;


(b) regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the original order;


(c) determining any question relating to the property to which the original order relates, including any question relating to the liabilities of the owner, and the exercise of the powers, or the performance of the duties, of the Official Trustee, with respect to the property to which the original order relates;


(d) directing:


(i) the owner; or

(ii) if the owner is not the defendant - the defendant; or

(iii) if the owner or the defendant is a body corporate - a director of the body corporate specified by the Court;
to give to the Minister, the Commissioner of Police, the Comptroller-General of Customs, the Director of Public Prosecutions or the Official Trustee, within a period specified in the order, a statement verified by the oath of the person making the statement, setting out such particulars of the property, or dealings with the property, of the owner or defendant as the Court thinks proper;


(e) for the examination on oath before the Court or Registrar of the Court of any person, including:


(i) the owner; or

(ii) the defendant;
about the affairs (including the nature and location of any property) of:

(iii) anyone else who is either the owner or the defendant, or both; and

(iv) if the person to be examined is either the owner or defendant, or both - that person;


(ea) directing the owner or another person to do any act or thing necessary or convenient to be done to enable the Official Trustee to take custody and control of the property in accordance with the original order; or


(f) with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the original order.

243F(2)  
An application for an order under subsection (1) may be made -


(a) by the Official Trustee;


(b) by the Minister, the Commissioner of Police, the Comptroller-General of Customs or the Director of Public Prosecutions;


(c) by the owner; or


(d) with the leave of the Court, by any other person.

243F(2A)  
Where:


(a) the Court made the original order against the property in reliance on the engaging by a person (in this subsection called the " defendant " ) in a prescribed narcotics dealing or prescribed narcotics dealings during a particular period; and


(b) another person having an interest in the property applies to the Court for a variation of the order to exclude the interest from the order;

the Court shall grant the application if satisfied that the interest is not subject to the effective control of the defendant.

243F(3)  
Where:


(a) a person is examined before the Court, or the Registrar of the Court, under an order made under subsection (1); or


(b) an order made under subsection (1) directs a person to furnish a statement to the Minister, the Commissioner of Police, the Comptroller-General of Customs, the Director of Public Prosecutions or the Official Trustee;

the person is not excused from:


(c) answering a question when required to do so by the Court, or by the Registrar of the Court; or


(d) furnishing the statement, or setting out particulars in the statement;

as the case may be, on the ground that the answer to the question, or the statement or particulars, might tend to incriminate the person or make the person liable to a forfeiture or penalty.

243F(3A)  
Where a person:


(a) is examined before the Court or the Registrar of the Court; or


(b) furnishes a statement to the Minister, the Commissioner of Police, the Comptroller-General of Customs, the Director of Public Prosecutions or the Official Trustee;

under an order made under subsection (1), then:


(c) a statement or disclosure made by the person in answer to a question put in the course of the examination; or


(d) the statement so furnished;

as the case may be, and any information, document or thing obtained as a direct or indirect consequence of the statement or disclosure referred to in paragraph (c), or of the statement referred to in paragraph (d), is not admissible against the person in any civil or criminal proceeding except:


(e) a proceeding for giving false testimony in the course of the examination, or in respect of the falsity of the statement, as the case may be; or


(f) a proceeding for the recovery of a pecuniary penalty, for the purpose only of facilitating the assessment of the amount of the pecuniary penalty.

243F(4)  
In this section, unless the contrary intention appears -


(a) references to the original order shall be read as including references to the original order as varied under this section; and


(b) references to the Registrar of the Court shall be read as including references to a Deputy Registrar of the Court, a District Registrar of the Court and a Deputy District Registrar of the Court.

243F(5)  
In proceedings dealing with an application for an order under subsection (1), a witness is not required to answer a question or to produce a document if the Court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.




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