Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:5_135aa
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 5 cl 135AA
Character Range: 133033–134248

135AA  Decision not to seize unless expenses are covered

 (1) Subject to subsection (2), the CEO may decide not to seize the copies under subsection 135(7) unless he or she has been given by the objector (or by one or more of the objectors) a written undertaking acceptable to the CEO to repay to the Commonwealth the expenses of seizing the copies.

 (2) The CEO may decide not to seize the copies under subsection 135(7) 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 CEO considers sufficient to repay to the Commonwealth the expenses of seizing the copies if:
 (a) an amount payable under an undertaking given by the objector (or one or more of the objectors) in relation to other copies has not been paid in accordance with the undertaking; and
 (b) the CEO considers it reasonable in all the circumstances to require the security.

 (3) An undertaking may be withdrawn or varied if the CEO consents in writing to a written request from the objector or objectors to do so.

 (4) In this section:

expenses of seizing the copies means the expenses that may be incurred by the Commonwealth if the copies were seized.