Document ID: chunk:federal_register_of_legislation:C2006A00114:clause:1_86
Version: federal_register_of_legislation:C2006A00114
Segment Type: clause
Provision Reference: sch 1 cl 86
Character Range: 25581–26687

86  Subsection 133(3)
Repeal the subsection, substitute.

 (3) Subject to subsection (3A), the Customs CEO may decide not to seize the goods unless he or she has been given by the objector (or by one or more of the objectors) a written undertaking acceptable to the Customs CEO to repay to the Commonwealth the expenses of seizing the goods.

Note: For objector see section 6.

 (3A) The Customs CEO may decide not to seize the goods unless he or she has been given by the objector (or one or more of the objectors), instead of an undertaking, security in an amount that the Customs CEO considers sufficient to repay to the Commonwealth the expenses of seizing the goods if:
 (a) an amount payable under an undertaking given by the objector (or one or more of the objectors) in relation to other goods has not been paid in accordance with the undertaking; and
 (b) the Customs CEO considers it reasonable in all the circumstances to require the security.

 (3B) An undertaking may be withdrawn or varied if the Customs CEO consents in writing to a written request from the objector or objectors to do so.