Section 243K Customs Act 1901 | Contravening Restraining Orders


Print

The Legislation

Section 243K of the Customs Act 1901 (Cth) deals with Contravening Restraining Orders and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

Call us today on (02) 9261 8881 for a free first appointment.

243K Contravention of restraining orders

(1) A person who intentionally contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order is guilty of an offence.

Penalty: Imprisonment for 5 years.

(2) Where:

(a) a restraining order is made against property;
(b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and
(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;
the Minister, the Commissioner of Police, the CEO or the Director of Public Prosecutions may apply to the Court for an order that the disposition or dealing be set aside.

(3) Where an application is made under subsection (2) in relation to a disposition or dealing, the Court may make an order:

(a) setting the disposition or dealing aside as from the day on which it took place; or
(b) setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.