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Taxation Administration Act 1999
86Use of goods produced or seized
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86 Use of goods produced or seized
(1) This section applies to any thing, other than a document, that has been
produced to the commissioner or seized and removed by an
authorised officer.
(2) The thing may be kept for as long as is reasonably necessary to enable
it to be inspected and for a decision to be made about whether
subsection (3) applies.
(3) If the thing is liable to tax, it may be kept until the tax is paid.
(4) If the thing is required by the commissioner as evidence for the
purposes of a legal proceeding, it may be kept until the proceeding is
finally decided.
(5) If the owner of the thing is convicted as a result of the legal
proceeding, the court may direct that the thing be forfeited to the
Territory, and in that case it may be disposed of as the Minister
directs.
(6) If the thing is no longer required by the commissioner, but the
commissioner is unable to return it to the owner within 12 months
despite reasonable efforts to do so (for example, because the owner
has left the ACT), the commissioner may direct that the thing be
disposed of by auction and the proceeds held for the owner instead of
the thing.
(7) This section does not prejudice a lien a person has on the thing.