Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243f:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243F (pt 2/3)
Character Range: 1602364–1605006

carrying out of any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the original order.
 (2) An application for an order under subsection (1) may be made:
 (a) by the Official Trustee;
 (b) by the Minister, the Commissioner of Police, the Comptroller‑General of Customs or the Director of Public Prosecutions;
 (c) by the owner; or
 (d) with the leave of the Court, by any other person.
 (2A) Where:
 (a) the Court made the original order against the property in reliance on the engaging by a person (in this subsection called the defendant) in a prescribed narcotics dealing or prescribed narcotics dealings during a particular period; and
 (b) another person having an interest in the property applies to the Court for a variation of the order to exclude the interest from the order;
the Court shall grant the application if satisfied that the interest is not subject to the effective control of the defendant.
 (3) Where:
 (a) a person is examined before the Court, or the Registrar of the Court, under an order made under subsection (1); or
 (b) an order made under subsection (1) directs a person to furnish a statement to the Minister, the Commissioner of Police, the Comptroller‑General of Customs, the Director of Public Prosecutions or the Official Trustee;
the person is not excused from:
 (c) answering a question when required to do so by the Court, or by the Registrar of the Court; or
 (d) furnishing the statement, or setting out particulars in the statement;
as the case may be, on the ground that the answer to the question, or the statement or particulars, might tend to incriminate the person or make the person liable to a forfeiture or penalty.
 (3A) Where a person:
 (a) is examined before the Court, or the Registrar of the Court; or
 (b) furnishes a statement to the Minister, the Commissioner of Police, the Comptroller‑General of Customs, the Director of Public Prosecutions or the Official Trustee;
under an order made under subsection (1), then:
 (c) a statement or disclosure made by the person in answer to a question put in the course of the examination; or
 (d) the statement so furnished;
as the case may be, and any information, document or thing obtained as a direct or indirect consequence of the statement or disclosure referred to in paragraph (c), or of the statement referred to in paragraph (d), is not admissible against the person in any civil or criminal proceeding except:
 (e) a proceeding for giving false testimony in the course of the examination, or in respect of the falsity of the statement, as the case may be; or
 (f)