Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p9
Version: federal_register_of_legislation:C2004A04198
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paragraph:

     "(c) an order for the examination on oath before the court or the Registrar of the court of any person, including:

         (i) the owner of property subject to the restraining order (in this paragraph called the 'owner'); or

       (ii) the defendant;

     about the affairs (including the nature and location of any property) of:

         (iii) anyone else who is either the owner or the defendant, or both; and

         (iv) if the person to be examined is either the owner or the defendant, or both—that person; and".

(2) The amendment made by subsection (1) applies in relation to restraining orders made before or after the commencement of this section.

PART 6—AMENDMENTS OF THE CUSTOMS ACT 1901

Principal Act

  29. In this Part, "Principal Act" means the Customs Act 19015.

Court may make restraining order against property

  30. Section 243e of the Principal Act is amended:

    (a)     by inserting in subsection (1) "one or more of the following" after "against";

  (b)    by omitting paragraph (1) (c);

  (c)     by omitting from paragraph (1) (d) "or".

Court may make further orders

  31. (1) Section 243f of the Principal Act is amended:

  (a) by inserting before subsection (1) the following subsection:

      "(1aa) In this section:

     'defendant' has the same meaning as in section 243e.";

    (b) by omitting subparagraph (1) (d) (ii) and substituting the following subparagraphs:

      "(ii) if the owner is not the defendant—the defendant; or

         (iii) if the owner or the defendant is a body corporate—a director of the body corporate specified by the Court;";

    (c)     by inserting in paragraph (1) (d) "or defendant" after "owner" (last occurring);

    (d)    by omitting paragraph (1) (e) and substituting the following paragraph:

         "(e) for the examination on oath before the Court or Registrar of the Court of any person, including:

           (i) the owner; or

           (ii) the defendant;

         about the affairs (including the nature and location of any property) of:

             (iii) anyone else who is either the owner or the defendant, or both; and

             (iv) if the person to be examined is either the owner or defendant, or both—that person;";

  (e) by adding at the end the following subsection:

     "(5) In proceedings dealing with an application for an order under subsection (1), a witness is not required to answer a question or to produce a document if the Court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.".

(2)     The amendments made by paragraphs (1) (a), (b), (c) and (d) apply in relation to restraining orders made before or after the commencement of this section.

(3)     The amendment made by paragraph (1) (e) applies in relation to a witness