Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:5_135aj
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 5 cl 135AJ
Character Range: 134299–135976

135AJ  Failure to meet Commonwealth's expenses of seizure

 (1) If an amount payable under an undertaking in relation to copies covered by a notice given under section 135 is not paid in accordance with the undertaking, the CEO may decide not to seize copies covered by the notice until the amount owing is paid.

 (2) An amount not paid under an undertaking:
 (a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
 (b) may be recovered by an action taken in a court of competent jurisdiction.

 (3) If the amount paid under an undertaking in relation to copies covered by a notice given under section 135 is in accordance with the undertaking but is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the CEO under this Division because of the notice, the amount of the difference between those expenses and the amount paid:
 (a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
 (b) may be recovered by an action taken in a court of competent jurisdiction.

 (4) If security given under subsection 135AA(2) by the objector or objectors who gave notice under section 135 is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the CEO under this Division because of the notice, the amount of the difference between those expenses and the amount of security:
 (a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
 (b) may be recovered by an action taken in a court of competent jurisdiction.