Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(7) This section does not prejudice a lien a person has on the thing.