Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 141A

Failure to comply with undertaking etc.

             (1)  If an amount payable under an undertaking in relation to goods covered by a notice given under section 132 is not paid in accordance with the undertaking, the Comptroller-General of Customs may decide not to seize goods 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.

Note:          For objector see section 6.

             (3)  If the amount paid under an undertaking in relation to goods covered by a notice given under section 132 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 Comptroller-General of Customs under this Part 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.



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