Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1992 No. 164 of 1992 - SECT 38

38. Section 243G of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) "the Official Trustee has custody and
control of property under" and substituting "property is subject to";

   (b)  by inserting after subsection (2) the following subsection:

"(2A) If:

   (a)  the Court has made an order under section 243B that a person 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 in force against:

        (i)    property of the person; or

        (ii)   property of another person in relation to which an order under
               subsection 243CA(2) is in force; the Court may, on application
               by the Minister, the Commissioner of Police, the Comptroller or
               the Director of Public Prosecutions, direct the Official
               Trustee to pay the Commonwealth, in accordance with this
               section, an amount equal to the penalty amount out of the
               property.";

   (c)  by omitting from subsection (3) "or (2)" and substituting ", (2) or
        (2A)";

   (d)  by omitting from paragraph (3)(a) "under the control of the Official
        Trustee" and substituting "subject to the restraining order";

   (e)  by omitting from subsection (5) "or (2)" and substituting ", (2) or
        (2A)";

   (f)  by omitting from paragraph (5)(b) "shall not";

   (g)  by omitting from subsection (6) "or (2)" and substituting ", (2) or
        (2A)";