Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 134A

Inspection, release etc. of seized goods

  (1)   The Comptroller - General of Customs may permit the objector or the designated owner to inspect the seized goods.

Note:   For designated owner , objector and seized goods see section   6.

  (2)   If the objector gives the Comptroller - General of Customs the requisite undertakings, the Comptroller - General of Customs may permit the objector to remove one or more samples of the seized goods from the custody of the Comptroller - General of Customs for inspection by the objector.

  (3)   If the designated owner gives the Comptroller - General of Customs the requisite undertakings, the Comptroller - General of Customs may permit the designated owner to remove one or more samples of the seized goods from the custody of the Comptroller - General of Customs for inspection by the designated owner.

  (4)   The requisite undertakings are undertakings in writing that the person giving the undertaking will:

  (a)   return the sample goods to the Comptroller - General of Customs at a specified time that is satisfactory to the Comptroller - General of Customs; and

  (b)   take reasonable care to prevent damage to the sample goods.

  (5)   If the Comptroller - General of Customs permits inspection of the seized goods, or the removal of sample goods, by the objector in accordance with this section, the Commonwealth is not liable to the designated owner for any loss or damage suffered by the designated owner arising out of:

  (a)   damage to any of the seized goods incurred during that inspection; or

  (b)   anything done by the objector or any other person to, or in relation to, sample goods removed from the custody of the Comptroller - General of Customs or any use made by the objector of such sample goods.


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