Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243a:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243A (pt 2/3)
Character Range: 1577732–1580298

the moneys so received shall, for the purposes of this Division, be deemed to be moneys that came into his or her possession or under his or her control, or were paid to him or her, in the circumstances in which he or she 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 or she sells or otherwise deals in, or agrees to sell or otherwise deal in, narcotic goods imported into Australia in contravention of this Act; or
 (b) he or she imports, or agrees to import, narcotic goods into Australia in contravention of this Act; or
 (c) he or she exports, or agrees to export, narcotic goods from Australia in contravention of this Act; or
 (d) he or she keeps, or agrees to keep, in his or her possession narcotic goods imported into Australia in contravention of this Act; or
 (e) he or she 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 or she 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.
Note: Goods are imported or exported in contravention of this Act if they are imported or exported in breach of a prohibition under this Act: see subsection 4(4A).
 (4) A reference in this Division to a benefit derived by a person includes a reference to:
 (a) a benefit derived, directly or indirectly, by the person; and
 (b) a benefit derived, directly or indirectly, by another person at the request or direction of the first person.
 (4A) A reference in this Division to the property of a person includes a reference to 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 a police officer or an officer of Customs stating that he or she believes that any property is the property of a person, the Court makes a restraining order against that property, for the purposes of this Division, the property shall, while that order applies to the property, be deemed to be the