Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243g:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243G (pt 1/3)
Character Range: 1605881–1608568

243G  Official Trustee to discharge pecuniary penalty
 (1) Where:
 (a) the Court makes an order under section 243B that a person pay a pecuniary penalty in relation to a particular prescribed narcotics dealing or in relation to prescribed narcotics dealings during a particular period; and
 (b) at the time when the order is made, property is subject to a restraining order made, in reliance on the prescribed narcotics dealing or prescribed narcotics dealings, against:
 (i) property of the person; or
 (ii) property of another person in relation to which an order under subsection 243CA(2) is made;
the Court may include in the order under section 243B a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.
 (2) Where:
 (a) the Court makes an order under section 243B for a person to 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 subsequently made against:
 (i) property of the person; or
 (ii) property of another person in relation to which an order under subsection 243CA(2) is made;
  in reliance on the prescribed narcotics dealing or prescribed narcotics dealings;
the Court may include in the restraining order a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.
 (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‑General of Customs 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.
 (3) For the purposes of enabling the Official Trustee to comply with a direction given by the Court under subsection (1), (2) or (2A), the Court may, in the order in which the direction is given or by a subsequent order:
 (a) direct the Official Trustee to sell or otherwise dispose of such of the property that is subject to the restraining order as the Court specifies; and
 (b) appoint an officer of the Court or any other person to execute any deed or instrument in the name of a person who owns or has an