Customs Act 1901

PART XIII - PENAL PROVISIONS  

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

SECTION 243CA   COURT MAY LIFT CORPORATE VEIL ETC.  

243CA(1)    
Where the Court is assessing the value of benefits derived by a person (in this section called " the defendant " ) because of engaging in a particular prescribed narcotics dealing, or in prescribed narcotics dealings during a particular period, the Court may treat as property of the defendant any property that, in the opinion of the Court, is subject to the effective control of the defendant.

243CA(2)    
Where the Court makes, or has made, an order (in this section called " a pecuniary penalty order " ) that the defendant pay a pecuniary penalty under section 243B , the Court may:

(a) on application by the Minister, the Commissioner of Police, the Comptroller-General of Customs or the Director of Public Prosecutions; and

(b) if the Court is of the opinion that particular property is subject to the effective control of the defendant;

make an order declaring that the whole, or a specified part, of that property is available to satisfy the pecuniary penalty order.

243CA(3)    
Where the Court declares that property is available to satisfy a pecuniary penalty order:

(a) the order may be enforced against the property as if it were the defendant ' s; and

(b) a restraining order may be made in respect of the property as if it were the defendant ' s property.

243CA(4)    

Where the Minister, the Commissioner of Police, the Comptroller-General of Customs or the Director of Public Prosecutions makes an application for an order under subsection (2) that property is available to satisfy a pecuniary penalty order against the defendant:

(a) the person (in this paragraph called ``the applicant'') who makes the application shall give written notice of the application to the defendant and to any person who the applicant has reason to believe may have an interest in the property; and

(b) the defendant and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.