Customs Act 1901

PART XIII - PENAL PROVISIONS  

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

SECTION 243K   CONTRAVENTION OF RESTRAINING ORDERS  

243K(1)    

A person who intentionally contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order commits an offence.

Penalty: Imprisonment for 5 years.

243K(2)    

Where:

(a) a restraining order is made against property;

(b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and

(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;

the Minister, the Commissioner of Police, the Comptroller-General of Customs or the Director of Public Prosecutions may apply to the Court for an order that the disposition or dealing be set aside.

243K(3)    
Where an application is made under subsection (2) in relation to a disposition or dealing, the Court may make an order:

(a) setting the disposition or dealing aside as from the day on which it took place; or

(b) setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.