Customs Act 1901

PART XIII - PENAL PROVISIONS  

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

SECTION 243NA   INDEMNIFICATION OF OFFICIAL TRUSTEE  

243NA(1)   [Commonwealth to indemnify Official Trustee]  

The Commonwealth is by force of this subsection liable to indemnify the Official Trustee against any personal liability (including any personal liability as to costs) incurred by it for any act done, or omitted to be done, by it in the exercise, or purported exercise, of its powers and duties under this Division.

243NA(2)   [Subsec (1) not to affect indemnification of Official Trustee]  

Nothing in subsection (1) affects:


(a) any right that the Official Trustee has, apart from that subsection, to be indemnified in respect of any personal liability referred to in that subsection; or


(b) any other indemnity given to the Official Trustee in respect of any such personal liability.

243NA(3)   [Reimbursement of Commonwealth]  

Where the Commonwealth makes a payment in accordance with the indemnity referred to in subsection (1), the Commonwealth has the same right of reimbursement in respect of the payment (including reimbursement under another indemnity given to the Official Trustee) as the Official Trustee would have if the Official Trustee had made the payment.




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