Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243e:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243E (pt 1/3)
Character Range: 1593020–1595775

243E  Court may make restraining order against property
 (1) Where the Minister, the Commissioner of Police, the Comptroller‑General of Customs or the Director of Public Prosecutions 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, the Commissioner of Police, the Comptroller‑General of Customs or the Director of Public Prosecutions may make application to the Court, ex parte, for an order under paragraph (2)(c) against one or more of the following:
 (a) specified property of the defendant;
 (b) all the property of the defendant (including property acquired after the making of the order);
 (d) all the property of the defendant (including property acquired after the making of the order) other than specified property;
 (e) specified property of a person other than the defendant.
 (1A) The application under subsection (1) may be made:
 (a) where the Court makes the order under section 243B—at any time before the liability of the defendant in respect of the pecuniary penalty has been discharged; or
 (b) in any other case—at any time before the proceeding under section 243B is finally disposed of.
 (2) Where:
 (a) an application under subsection (1) is supported by:
 (i) an affidavit of a police officer or an officer of Customs stating that he or she 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 or she holds those beliefs; and
 (ii) if the application seeks an order against specified property of the defendant—an affidavit of a police officer or an officer of Customs stating that he or she believes that the property is the property of the defendant and setting out the grounds on which he or she 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, subject to subsection (2A), make an order:
 (i) directing that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as