Part 7, Division 2, Subdivision C, Section 128 · Education Services for Overseas Students Act 2000

Contents

128Authorised officer etc. may apply to retain document for a further period#

(1)An authorised officer of the ESOS agency for a registered provider given a document under this Division, or another person (the permitted person) who is retaining such a document under section 125, may apply to a magistrate or ART member for an order that the officer or permitted person may retain the document for a further period.

Time limit for application

(2)The application must be made before the end of:

(a)60 days after the document was given to the authorised officer; or

(b)a period previously specified in an order of a magistrate or ART member under section 129.

Persons affected by notice to be notified if practicable

(3)Before making the application, the officer or permitted person must:

(a)take reasonable steps to discover which persons’ interests would be affected by the retention of the document; and

(b)if it is practicable to do so, notify each person who the officer or permitted person believes to be such a person of the proposed application.

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