Australian Capital Territory Numbered Acts

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TAXATION ADMINISTRATION ACT 1999 (NO. 4 OF 1999) - SECT 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 retained for as long as is reasonably necessary to enable it to be inspected and for a determination to be made as to whether subsection (3) applies.

(3)     If the thing is liable to tax, it may be retained until the tax is paid.

(4)     If the thing is required by the Commissioner as evidence for the purposes of legal proceedings, it may be retained until the proceedings are finally determined.

(5)     If the owner of the thing is convicted as a result of the legal proceedings, 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 Territory), the Commissioner may direct that the thing be disposed of by auction and the proceeds held for the owner in lieu of the thing.

(7)     Nothing in this section prejudices a lien a person has on the thing.



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