Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1989 No. 108 of 1989 - SECT 25

25. (1) Section 243G of the Principal Act is repealed and the following
section is substituted: Official Trustee to discharge pecuniary penalty

"243G. (1) Where:

   (a)  the Court makes an order under section 243B that a person pay a
        pecuniary penalty in relation to a particular prescribed narcotics
        dealing or in relation to prescribed narcotics dealings during a
        particular period; and

   (b)  at the time when the order is made, the Official Trustee has custody
        and control of property under a restraining order made, in reliance on
        the prescribed narcotics dealing or prescribed narcotics dealings,
        against:

        (i)    property of the person; or

        (ii)   property of another person in relation to which an order under
               subsection 243CA (2) is made; the Court may include in the
               order under section 243B a direction to the Official Trustee to
               pay the Commonwealth, in accordance with this section, an
               amount equal to the penalty amount out of that property.

"(2) Where:

   (a)  the Court makes an order under section 243B for a person to pay a
        pecuniary penalty in relation to a prescribed narcotics dealing or
        prescribed narcotics dealings during a particular period; and

   (b)  a restraining order is subsequently made against:

        (i)    property of the person; or

        (ii)   property of another person in relation to which an order under
               subsection 243CA (2) is made; in reliance on the prescribed
               narcotics dealing or prescribed narcotics dealings; the Court
               may include in the restraining order a direction to the
               Official Trustee to pay the Commonwealth, in accordance with
               this section, an amount equal to the penalty amount out of that
               property.

"(3) For the purposes of enabling the Official Trustee to comply with a
direction given by the Court under subsection (1) or (2), the Court may, in
the order in which the direction is given or by a subsequent order:

   (a)  direct the Official Trustee to sell or otherwise dispose of such of
        the property that is under the control of the Official Trustee as the
        Court specifies; and

   (b)  appoint an officer of the Court or any other person to execute any
        deed or instrument in the name of a person who owns or has an estate,
        interest or right in the property and to do any act or thing necessary
        to give validity and operation to the deed or instrument.

"(4) The execution of the deed or instrument by the person appointed by an
order under subsection (3) has the same force and validity as if the deed or
instrument had been executed by the person who owned or had the estate,
interest or right in the property.

"(5) Where the Official Trustee is given a direction under subsection (1) or
(2) in relation to property, the Official Trustee shall not:

   (a)  if the property is money - apply the money in accordance with
        subsection (6) until the end of the appeal period; and

   (b)  if the property is not money - shall not sell or otherwise dispose of
        the property until the end of the appeal period.

"(6) Where the Official Trustee is given a direction under subsection (1) or
(2) in relation to property, the Official Trustee shall, as soon as
practicable after the end of the appeal period:

   (a)  if the property is money:

        (i)    apply the money in payment of the costs, charges, expenses and
               remuneration, of the kind referred to in subsection 243P (1),
               incurred or payable in connection with the restraining order
               and payable to the Official Trustee under the regulations; and

        (ii)   subject to subsection (7), pay the remainder of the money to
               the Commonwealth; and

   (b)  if the property is not money:

        (i)    sell or otherwise dispose of the property;

        (ii)   apply the proceeds of the sale or disposition in payment of the
               costs, charges, expenses and remuneration of the kind referred
               to in subsection 243P (1), incurred or payable in connection
               with the restraining order or the sale or disposition and
               payable to the Official Trustee under the regulations; and

        (iii)  subject to subsection (7), pay the remainder of those proceeds
               to the Commonwealth.

"(7) Where the money or proceeds to which subparagraph (6) (a) (ii) or (b)
(iii) applies exceeds the penalty amount, the Official Trustee shall:

   (a)  pay to the Commonwealth an amount equal to the penalty amount; and

   (b)  pay the balance to the person whose property was subject to the
        restraining order.

"(8) Where the Official Trustee pays, in accordance with a direction under
this section, money to the Commonwealth in satisfaction of a person's
liability under an order under section 243B, the person's liability under the
order shall, to the extent of the payment be deemed to be discharged.

"(9) Where:

   (a)  a restraining order is made against property in reliance on a
        particular prescribed narcotics dealing engaged in by the person or
        prescribed narcotics dealings engaged in by the person during a
        particular period; and

   (b)  before or after the restraining order is made, an order under section
        243B has been or is made against the person in reliance on the
        prescribed narcotics dealing or prescribed narcotics dealings; the
        appeal period in respect of the property is the period ending:

   (c)  if the period provided for the lodging of an appeal against the making
        of the order under section 243B has ended without such an appeal
        having been lodged - at the end of that period; or

   (d)  if an appeal against the making of the order under section 243B has
        been lodged - when the appeal lapses or is finally determined.".

(2) Subject to the regulations, where, immediately before the commencement of
this section, fees within the meaning of subsection 243P (1) (including
expenses incurred in connection with the sale or disposition of property to
which a restraining order relates) were payable to the Official Trustee in
accordance with that subsection in respect of a restraining order, the fees
shall be taken to be, after that commencement, costs incurred in connection
with the restraining order and payable to the Official Trustee under the
regulations.