Commonwealth Numbered Acts

CUSTOMS AMENDMENT ACT 1979 No. 92 of 1979 - SECT 13

13. After Division 2 of Part XIII of the Principal Act the following Division
is inserted in that Part:

''Division 3-Recovery of Pecuniary Penalties for Dealings in Narcotic Goods
Interpretation
''243A. (1) In this Division, unless the contrary intention appears-

'cheque' includes a bill, promissory note or other security for money;

'Court' means the Federal Court of Australia;

'moneys' means moneys in the form of cash;

'official receiver' means a person holding, or acting in, an office of
official receiver for a Bankruptcy District under the Bankruptcy Act 1966;

'pecuniary penalty' means a pecuniary penalty referred to in section 243B;

'petition' means a petition under the Bankruptcy Act 1966;

'property' means real or personal property of every description, whether
situated in Australia or elsewhere, and includes any estate, interest or
profit, whether present or future, vested or contingent, arising out of or
incident to any such real or personal property;

'The Official Receiver in Bankruptcy' means the corporation established under
the Bankruptcy Act 1966 by the name of 'The Official Receiver in Bankruptcy.'.

''(2) Where a person who has obtained possession or control of a cheque, or
was paid moneys by a cheque, in any of the circumstances set out in
sub-section (3), receives, in respect of the cheque, moneys in the form of
cash, the moneys so received shall, for the purposes of this Division, be
deemed to be moneys that came into his possession or under his control, or
were paid to him, in the circumstances in which he obtained possession or
control of the cheque, or was paid the moneys by the cheque.

''(3) For the purposes of this Division, a person shall be taken to engage in
a prescribed narcotics dealing if-

   (a)  he sells or otherwise deals in, or agrees to sell or otherwise deal
        in, narcotic goods imported into Australia in contravention of this
        Act;

   (b)  he imports, or agrees to import, narcotic goods into Australia in
        contravention of this Act;

   (c)  he exports, or agrees to export, narcotic goods from Australia in
        contravention of this Act;

   (d)  he keeps, or agrees to keep, in his possession narcotic goods imported
        into Australia in contravention of this Act;

   (e)  he conspires with another person or other persons to import any
        narcotic goods into Australia, or to export any narcotic goods from
        Australia, in contravention of this Act; or

   (f)  he aids, abets, counsels or procures, or is in any way knowingly
        concerned in, the sale of, or other dealing in, narcotic goods
        imported into Australia in contravention of this Act, the importation
        of narcotic goods into Australia, or the exportation of narcotic goods
        from Australia, in contravention of this Act, or the keeping in the
        possession of any person of narcotic goods imported into Australia in
        contravention of this Act.

''(4) A reference in this Division to the property of a person shall be read
as a reference to the property in respect of which the person has a beneficial
interest.

''(5) Where, upon application being made to the Court under subsection 243E
(1) and supported by an affidavit made by an officer of Customs stating that
he believes that any property is the property of a person, the Court makes an
order under that section directing the official receiver to take control of
that property, for the purposes of this Division, the property shall, while
that order applies to the property, be deemed to be the property of that
person.

''(6) A reference in this Division to a proceeding for the recovery of a
pecuniary penalty shall be read as a reference to a proceeding instituted
under section 243B for an order under sub-section (1) of that section.

''(7) Where, by reason of a person's having been engaged in a particular
prescribed narcotics dealing, or in prescribed narcotics dealings during a
particular period, benefits have been derived by another person at the
request, or by the direction, of the first-mentioned person, those benefits
shall, for the purposes of this Division, be deemed to have been derived by
that first-mentioned person by reason of his having been engaged in that
prescribed narcotics dealing, or in prescribed narcotics dealings during that
period, as the case may be. Pecuniary penalties
''243B. (1) Subject to sub-section (7), the Minister or the Comptroller may
institute a proceeding in the Court, on behalf of the Commonwealth, for an
order that a person pay a pecuniary penalty to the Commonwealth in respect of-

   (a)  a particular prescribed narcotics dealing engaged in by him; or

   (b)  prescribed narcotics dealings engaged in by him during a particular
        period.

''(2) If, in a proceeding instituted under sub-section (1), the Court is
satisfied that the person in relation to whom the order is sought-

   (a)  has engaged in a particular prescribed narcotics dealing; or

   (b)  has, during a particular period, engaged in prescribed narcotics
        dealings, the Court shall assess, in accordance with section 243C, the
        value of the benefits derived by the person by reason of his having
        engaged in that dealing, or in prescribed narcotics dealings during
        that period, as the case may be, and order the person to pay to the
        Commonwealth a pecuniary penalty equal to the value as so assessed.

''(3) The Court may order a person to pay a pecuniary penalty under
sub-section (2) in relation to a particular prescribed narcotics dealing, or
prescribed narcotics dealings during a particular period, whether or not the
person has been convicted of an offence, or proceedings have been instituted
in respect of any offence, committed in relation to that dealing or any of
those dealings and whether or not any moneys or other goods have been seized
under section 229A in relation to that dealing or any of those dealings.

''(4) An amount payable by a person to the Commonwealth in accordance with an
order made under sub-section (2) shall, for all purposes, be deemed to be a
civil debt due by the person to the Commonwealth.

''(5) An order made by the Court under sub-section (2) may be enforced as if
it were an order made by the Court in civil proceedings instituted by the
Commonwealth against the person to recover a debt due by the person to the
Commonwealth.

''(6) This section applies to and in relation to moneys that come, or other
property that comes, into the possession or under the control of a person
either within or outside Australia, and to benefits that are provided for a
person either within or outside Australia.

''(7) A proceeding under sub-section (1) may be commenced-

   (a)  if the proceeding relates to a particular prescribed narcotics dealing
        engaged in by a person after the commencement of this section-within 6
        years after that dealing took place; or

   (b)  if the proceeding relates to prescribed narcotics dealings during a
        particular period, being a period that commenced after the
        commencement of this section-within 6 years after the end of that
        period. Assessment of pecuniary penalty
''243C. (1) In this section, a reference to the defendant in relation to a
proceeding under section 243B shall be read as a reference to a person against
whom an order is sought in that proceeding.

''(2) In a proceeding under section 243B, the value of the benefits derived by
the defendant by reason of his having engaged in a particular prescribed
narcotics dealing, or in prescribed narcotics dealings during a particular
period shall be assessed by the Court having regard to the evidence before the
Court concerning all or any of the following matters:

   (a)  the moneys, or the value of the property other than moneys, that came
        into the possession or under the control of-

        (i)    the defendant; or

        (ii)   another person at the request or by the direction of the
               defendant,

by reason of the defendant's having engaged in that dealing or in prescribed
narcotics dealings during that period;

   (b)  the value of any benefit, other than a benefit of the kind referred to
        in paragraph (a) that was provided for-

        (i)    the defendant; or

        (ii)   another person at the request or by the direction of the
               defendant,

by reason of the defendant's having engaged in that dealing or in prescribed
narcotics dealings during that period;

   (c)  in the case of a prescribed narcotics dealing that consisted of
        selling or otherwise dealing in narcotic goods-the market value, at
        the time of the dealing, of similar or substantially similar narcotic
        goods;

   (d)  in the case of a prescribed narcotics dealing that consisted of the
        doing of any act or thing other than selling or otherwise dealing in
        narcotic goods-the amount that was, or the range of amounts that were,
        at the time the dealing occurred, ordinarily paid for the doing of a
        similar or substantially similar act or thing; and

   (e)  the value of the defendant's property before and after he engaged in
        that dealing, or before and after the end of that period, as the case
        may be.

''(3) Where evidence is given in a proceeding under section 243B that the
value of the defendant's property after he engaged in a particular prescribed
narcotics dealing, or after the end of a particular period during which he
engaged in prescribed narcotics dealings, exceeded the value of the
defendant's property before he engaged in that dealing, or before the
commencement of that period, then, for the purposes of sub-section (2) of that
section, the Court shall, subject to sub-section (4), treat the value of
benefits derived by the defendant by reason of his having engaged in that
dealing or in prescribed narcotics dealings during that period as being not
less than the amount of the excess.

''(4) Where, after evidence has been given in a proceeding under section 243B
that the value of the defendant's property after he engaged in a particular
prescribed narcotics dealing, or after the end of a particular period,
exceeded the value of the defendant's property before he engaged in that
dealing, or before the commencement of that period, the defendant satisfies
the Court that the whole or a part of the excess was due to certain causes,
being causes unrelated to his having engaged in that prescribed narcotics
dealing, or in prescribed narcotics dealings during that period, as the case
may be-

   (a)  if the defendant so satisfies the Court in respect of the whole of the
        excess-sub-section (3) does not apply to the excess; or

   (b)  if the defendant so satisfies the Court in respect of a part of the
        excess-sub-section (3) applies to and in relation to the excess as if
        it were reduced by the amount of that part.

''(5) In a proceeding under section 243B, an officer of Customs who is
experienced in the investigation of narcotics offences may testify-

   (a)  with respect to the amount that, to the best of his information,
        knowledge and belief, was the market value of narcotic goods at a
        particular time or during a particular period; or

   (b)  with respect to the amount, or the range of amounts, that, to the best
        of his information, knowledge and belief, was the amount, or range of
        amounts, ordinarily paid at a particular time or during a particular
        period for the doing of an act or thing (not being the selling or
        other dealing in narcotic goods) comprising a prescribed narcotics
        dealing, notwithstanding any rule of law or practice relating to
        hearsay evidence, and his testimony is prima facie evidence of the
        matters testified to.

''(6) In calculating, for the purposes of a proceeding under section 243B, the
value of benefits derived by the defendant by reason of his having engaged in
a particular prescribed narcotics dealing, or in prescribed narcotics dealings
during a particular period, any expenses or outgoings of the defendant in
connection with that dealing, or those dealings, shall be disregarded.
Presumption of illegality of importation
''243D. Where, in a proceeding under section 243B against a person, the Court
is satisfied that the narcotic goods in relation to which the person is
alleged to have engaged in a prescribed narcotics dealing or in prescribed
narcotics dealings are goods reasonably suspected of having been imported into
Australia in contravention of this Act, the Court shall, for the purposes of
the proceeding, treat the narcotic goods as narcotic goods which have been
imported into Australia in contravention of this Act unless it is established
to the satisfaction of the Court that the narcotic goods were not imported
into Australia or were not imported into Australia in contravention of this
Act. Court may direct official receiver to take control of property
''243E. (1) Where the Minister or the Comptroller has instituted a proceeding
under section 243B for an order that a person (in this section referred to as
the 'defendant') pay a pecuniary penalty in relation to a particular
prescribed narcotics dealing, or in relation to prescribed narcotics dealings
during a particular period, the Minister or the Comptroller may make
application to the Court, ex parte, for an order directing an official
receiver to take control of property specified in the application or of all
the property of the defendant.

''(2) Where-

   (a)  an application under sub-section (1) is supported by-

        (i)    an affidavit of an officer of Customs stating that he believes
               that-

                (A)  the defendant has engaged in the prescribed narcotics
                     dealing to which the proceeding under section 243B
                     relates, or in prescribed narcotics dealings during the
                     period to which that proceeding relates; and

                (B)  benefits were derived by the defendant by reason of the
                     defendant's having engaged in that prescribed narcotics
                     dealing, or in prescribed narcotics dealings during that
                     period, as the case may be,

and setting out the grounds on which he holds those beliefs; and

        (ii)   if the application seeks an order directing an official
               receiver to take control of specified property-an affidavit of
               an officer of Customs stating that he believes that the
               property is the property of the defendant and setting out the
               grounds on which he holds that belief; and

   (b)  the Court considers that, having regard to the matters contained in
        that affidavit or those affidavits, there are reasonable grounds for
        holding those beliefs, the Court-

   (c)  shall make an order directing an official receiver to take control-

        (i)    if the application seeks an order with respect to specified
               property-of all of that property or such part of that property
               as the Court thinks fit; or

        (ii)   in any other case-of all the property of the defendant; and

   (d)  may, subject to sub-section (3), include in the order such provision
        (if any) in relation to the operation of the order as the Court thinks
        fit.

''(3) Paragraph (d) of sub-section (2) does not authorize the Court to include
in an order directing an official receiver to take control of property a
provision postponing the operation of the order.

''(4) Without limiting the power of the Court under paragraph (d) of
sub-section (2), an order directing an official receiver to take control of
property-

   (a)  may set out conditions subject to which the order is to apply to all
        of that property, or to a specified part of that property;

   (b)  may make provision for a review of the operation of the order by the
        Court; and

   (c)  may make provision for meeting the reasonable living and business
        expenses of the defendant out of that property, or out of a specified
        part of that property.

''(5) The Court may refuse to make an order under sub-section (2) directing an
official receiver to take control of property if the Commonwealth refuses or
fails to give to the Court such undertakings as the Court deems appropriate
with respect to the payment of damages or costs, or both, in relation to the
making and operation of the order.

''(6) For the purposes of an application under sub-section (1), the Minister
or the Comptroller may, on behalf of the Commonwealth, give to the Court such
undertakings with respect to the payment of damages or costs, or both, as are
required by the Court. Court may make further orders
''243F. (1) Where the Court makes, or has made, an order (in this section
referred to as the 'original order') under sub-section (1) of section 243E
directing an official receiver to take control of specified property, or all
of the property, of a person (in this section referred to as the 'defendant'),
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 (d) of sub-section (2) of section 243E;

   (b)  regulating the manner in which the official receiver may exercise his
        powers or perform his 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 defendant, and the exercise of the powers, or the
        performance of the duties, of the official receiver, with respect to
        the property to which the original order relates;

   (d)  directing the defendant to furnish to the official receiver, within a
        time specified in the order, a statement, verified by the oath or
        affirmation of the defendant, setting out such particulars of the
        property of the defendant as the Court deems proper;

   (e)  for the examination of the defendant or another person before the
        Court or the Registrar of the Court concerning the nature and location
        of the property of the defendant; 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.

''(2) An application for an order under sub-section (1) may be made-

   (a)  by the official receiver;

   (b)  by the Minister or the Comptroller;

   (c)  by the defendant; or

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

''(3) Where the defendant or another person is examined before the Court or
the Registrar of the Court in pursuance of an order under sub-section (1), a
statement or disclosure made by him in answer to a question put to him in the
course of the examination is not admissible against him in any civil or
criminal proceedings except-

   (a)  in a proceeding for giving false testimony in the course of the
        examination; or

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

''(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. Official
        receiver to discharge pecuniary penalty
''243G. (1) Where an order (in this section referred to as the 'first order')
is in force under section 243E directing an official receiver to take control
of specified property, or of all of the property, of a person who has been
ordered to pay a pecuniary penalty to the Commonwealth, the Court may, on
application made by the Minister or Comptroller, make an order (in this
section referred to as the 'second order') directing the official receiver to
pay to the Commonwealth, out of the property of the person that has come into
his possession or under his control by virtue of the first order, an amount
equal to the amount of the liability of the person in respect of that
pecuniary penalty.

''(2) For the purpose of enabling the official receiver to comply with the
direction contained in the second order, the Court may, by the second order or
by a subsequent order, direct the official receiver to sell or dispose of such
of the property that is subject to the charge that was created by sub-section
243J (1) upon the making of the first order as is specified in the second
order or in the subsequent order, as the case may be.

''(3) As soon as practicable after the making of the second order, the
official receiver-

   (a)  shall apply the moneys which have come into his possession or under
        his control by reason of the sale or disposition of any of the
        property specified in the second order, or the subsequent order, or
        otherwise in the course of performing his duties in respect of the
        property to which the first order relates, in payment of the fees
        payable in connection with, and the expenses incurred by him in or in
        connection with, his performance of the duties imposed on him under
        the first order, including the expenses incurred by him in or in
        connection with the sale or disposition of any of the property to
        which the first order relates; and

   (b)  shall, subject to sub-section (4), pay the remainder of the moneys
        referred to in paragraph (a), after the payments referred to in that
        paragraph have been made, to the Commonwealth.

''(4) Where the moneys to which paragraph (3) (b) applies exceed the liability
of the person in respect of the pecuniary penalty payable by him to the
Commonwealth, the official receiver shall-

   (a)  pay to the Commonwealth, out of those moneys, an amount equal to the
        amount of that liability; and

   (b)  pay the balance of those moneys to the person.

''(5) Where the official receiver pays, in accordance with the second order,
moneys to the Commonwealth in respect of the liability of a person to pay a
pecuniary penalty to the Commonwealth, the liability of the person in respect
of the pecuniary penalty shall, to the extent of the payment, be deemed to be
discharged.

''(6) For the purposes of facilitating the sale or disposal of any property in
accordance with an order under this section, the Court may make an order
vesting the property in The Official Receiver in Bankruptcy.

''(7) Where the Court makes an order vesting any property of a particular kind
in the corporation referred to in sub-section (6), and the property is subject
to the provisions of any law of the Commonwealth or of a State or Territory
providing for the registration of title to property of that kind, the vesting
of the legal estate in that property in that corporation shall be subject to
compliance with the provisions of that law.

''(8) Where the Court vests property in The Official Receiver in Bankruptcy,
the provisions of sub-sections (2) to (5) (inclusive) apply to and in relation
to that property as if references in those provisions to the official receiver
included references to The Official Receiver in Bankruptcy. Revocation of
order under section 243E
''243H. (1) Where, after an order under section 243E 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.

''(2) The revocation of an order under section 243E that was made in relation
to a proceeding for the recovery of a pecuniary penalty does not prevent the
Court from making a further order under section 243E in relation to that
proceeding.

''(3) Without limiting the powers of the Court to make an order under
sub-section (1), the Court may revoke an order under section 243E upon the
applicant-

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

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

''(4) Where the Court revokes or has revoked, an order under section 243E, the
Court may make such order or orders as it deems proper for or in relation to
the discharge of the official receiver concerned from all liability in respect
of the exercise by him of the powers conferred on him, and the performance by
him of the duties imposed on him, under this Division in respect of the
property of the person to whom the order under section 243E related. Pecuniary
penalty a charge on property
''243J. (1) Where the Court makes, in relation to a proceeding (in this
section referred to as the 'relevant proceeding') for the recovery of a
pecuniary penalty from a person, an order under section 243E directing an
official receiver to take control of specified property, or of all of the
property, of the person, upon the making of the order, there is created, by
force of this section, a charge, on all the property to which the order
relates, to secure the payment to the Commonwealth of any pecuniary penalty
that the person may be ordered to pay in the relevant proceeding.

''(2) Where a charge is created by sub-section (1) on any property of a person
upon the making of an order under section 243E, the charge ceases to have
effect in respect of the property-

   (a)  upon the order ceasing to apply to the property by reason of the
        variation or revocation of the order;

   (b)  upon the determination of the relevant proceeding by way of the
        refusal of the Court to make an order for the payment of a pecuniary
        penalty by the person;

   (c)  upon payment by the person of any pecuniary penalty that he has been
        ordered to pay in the relevant proceeding;

   (d)  upon the person becoming a bankrupt;

   (e)  upon the sale or other disposition of the property-

        (i)    in pursuance of an order made by the Court under section 243G;
               or

        (ii)   by the owner of the property with the consent of the Court or
               of the official receiver; or

   (f)  upon the sale of the property to a bona fide purchaser for value who,
        at the time of purchase, has no notice of the charge, whichever first
        occurs.

''(3) The charge created on property by sub-section (1) by reason of the
making of an order directing an official receiver to take control of the
property-

   (a)  is subject to every charge or encumbrance to which the property was
        subject immediately before the order was made;

   (b)  has priority over all other encumbrances whatsoever; and

   (c)  subject to sub-section (2), is not affected by any change of ownership
        of the property.

''(4) Where a charge is created by sub-section (1) on property of a particular
kind and the provisions of any law of the Commonwealth or of a State or
Territory provide for the registration of title to, or charges over, property
of that kind, the official receiver may cause the charge so created to be
registered under the provisions of that law and, if he does so, a person who
purchases or otherwise acquires the property after the registration of the
charge shall, for the purposes of sub-section (2), be deemed to have notice of
the charge. Penalty for selling, &c., property subject to the control of
official receiver
''243K. A person shall not, without the consent of the Court or of the
official receiver, sell, or otherwise dispose of, or purport to sell or
otherwise dispose of, any property that is, to his knowledge, subject to a
charge under section 243J.

Penalty: $2,000 or imprisonment for 2 years, or both. Sale of property before
bankruptcy
''243L. (1) Where-

   (a)  the Court has made an order under section 243G directing the official
        receiver to pay an amount to the Commonwealth in relation to the
        liability of a person to pay a pecuniary penalty-

        (i)    within 6 months before the presentation of a petition against
               the person; or

        (ii)   after the presentation of a petition against the person; and

   (b)  the person subsequently becomes a bankrupt on, or by virtue of the
        presentation of, the petition, the Commonwealth shall pay to the
        trustee in the bankruptcy an amount equal to the amount (if any) paid
        to the Commonwealth in accordance with the order, less the taxed costs
        of the Minister or Comptroller in respect of the making of the order
        under section 243G.

''(2) Where the Commonwealth has paid to the trustee in bankruptcy an amount
in accordance with sub-section (1), the Commonwealth may prove in the
bankruptcy for its debt as an unsecured creditor as if the order under section
243G had not been made.

''(3) Notwithstanding anything contained in the Bankruptcy Act 1966, a person
who purchases in good faith, property of a person who, after the purchase,
becomes a bankrupt, under a sale of the property in pursuance of a direction
given under section 243G acquires a good title to it as against the trustee in
the bankruptcy. Duties of Official Receiver after receiving notice of
presentation of bankruptcy petition
''243M. (1) Subject to this section, where notice in writing of the
presentation of a creditor's petition against a person (in this sub-section
referred to as the 'debtor') is given to an official receiver who has been
directed by an order under sub-section (1) of section 243G to pay an amount to
the Commonwealth in relation to the liability of the debtor to pay a pecuniary
penalty, the official receiver (including The Official Receiver in
Bankruptcy)-

   (a)  shall refrain from taking any action to sell property of the debtor in
        pursuance of any such direction contained in the order; and

   (b)  shall not pay to the Commonwealth any moneys in pursuance of the
        direction contained in the order, unless and until the petition is
        withdrawn or dismissed or has lapsed.

''(2) Where a person who is liable to pay a pecuniary penalty becomes a
bankrupt (whether on a creditor's petition or otherwise)-

   (a)  any property of the person in the possession, or under the control, of
        the official receiver in accordance with an order made under this
        Division shall be deemed to be in the possession, or under the
        control, of the official receiver as trustee in the bankruptcy, and
        not otherwise; and

   (b)  any property of the person that is, by virtue of a vesting order made
        under section 243G vested in The Official Receiver in Bankruptcy shall
        be deemed to be so vested as part of the estate of the bankrupt.
        Protection of official receiver from personal liability in certain
        cases
''243N. (1) Where-

   (a)  the Court has made an order under section 243E directing an official
        receiver to take control of all the property of a person;

   (b)  the official receiver has taken control of any property in the
        possession, or on the premises, of the person without notice of any
        claim by another person in respect of that property; and

   (c)  the person did not, at the date of the order, have any beneficial
        interest in the property referred to in paragraph (b), the official
        receiver is not personally liable for any loss or damage arising from
        his having taken control of the property sustained by a person
        claiming the property or an interest in the property, or for the cost
        of proceedings taken to establish a claim to the property or to an
        interest in the property, unless the court in which the claim is made
        is of the opinion that the official receiver has been guilty of
        negligence in respect of the taking of control of the property.

''(2) Where the official receiver has, in accordance with an order under
section 243E, taken control of property of a person specified in the order,
the official receiver is not personally liable for any loss or damage arising
from his having taken control of the property (being loss or damage sustained
by some other person claiming the property or an interest in the property), or
for the cost of proceedings taken to establish a claim to the property, or to
an interest in the property, unless the court in which the claim is made is of
the opinion that the official receiver has been guilty of negligence in
respect of the taking of control of the property.

''(3) An official receiver is not personally liable for any rates, land tax or
municipal or other statutory charges imposed by or under a law of the
Commonwealth or of a State or Territory upon or in respect of property of
which he has been directed by an order under section 243E to take control,
being rates, land tax or municipal or other statutory charges that fall due on
or after the date of that order, except to the extent, if any, of the rents
and profits received by the official receiver in respect of that property on
or after the date of that order.

''(4) Where an official receiver who has been directed by an order under
section 243E to take control of a business carried on by a person carries on
that business, he is not personally liable for any payment in respect of long
service leave for which the person was liable or for any payment in respect of
long service leave to which a person employed by the official receiver in his
capacity of manager of the business, or the legal personal representative of
such a person, becomes entitled after the date of that order.

''(5) In this section, 'interest', in relation to property, means-

   (a)  a legal or equitable estate or interest in the property; or

   (b)  a right, power or privilege over, or in connection with, the property.
        Fees payable to official receiver
''243P. Where the official receiver takes control of property by virtue of an
order of the Court under section 243E, the official receiver is entitled to
receive fees, in respect of the exercise of his powers and the performance of
his duties in relation to the property, equal to the fees that he would be
entitled to receive if he were exercising the powers or performing the duties
in consequence of his having taken control of the property by virtue of a
direction given under section 50 of the Bankruptcy Act 1966. Notices
''243Q. Where the Court makes an order under section 243E or 243F in relation
to property, the official receiver shall give or publish such notices (if any)
of, or in respect of, the order as are required by the regulations or as the
Court directs. Reduction of pecuniary penalty
''243R. (1) Where, before the Court makes an order directing a person to pay a
pecuniary penalty in respect of a particular prescribed narcotics dealing
engaged in by him, or of prescribed narcotics dealings engaged in by him
during a particular period, any property of the person to which section 229A
applied by reason of that prescribed narcotics dealing, or of a prescribed
narcotics dealing during that period, had been seized as forfeited goods-

   (a)  if, before the imposition of the penalty, the property had been
        condemned or was deemed to have been condemned-the penalty shall be
        deemed to be reduced by an amount equal to the value of the property
        at the time when it was seized;

   (b)  if, after the imposition of the penalty and before the penalty is
        paid, the property is condemned or is deemed to be condemned or the
        person consents to the forfeiture of the property-the liability of the
        person in respect of the penalty shall be deemed to be reduced by an
        amount equal to the value of the property at the time when it was
        seized; and

   (c)  if the penalty is paid before the property is condemned or is to be
        deemed to be condemned-the Commonwealth is liable to pay to the person
        an amount equal to the value of the property at the date of its
        seizure.

''(2) After a pecuniary penalty is imposed on a person in respect of a
particular prescribed narcotics dealing engaged in by the person, or of
prescribed narcotics dealings engaged in by him during a particular period,
property of the person to which section 229A applies by virtue of that
dealing, or of such a dealing during that period, shall not be seized as
forfeited goods.

''(3) The Court may make an order, in respect of property to which section
229A applies, being property that has been seized as forfeited goods,
determining the value, at the time when it was seized, of that property for
the purposes of this section. Jurisdiction of the Court
''243S. Jurisdiction is conferred on the Court to hear and determine
applications under this Division.''.