(1) If the Registrar exercises a power mentioned in subregulation 17A.42A(1) the Registrar must notify the Comptroller-General of Customs in writing.
(2) Despite paragraph 17A.42D(3)(a), if the Comptroller-General of Customs seizes under Part 13 of the Act goods in respect of which the protected international trade mark was protected before the exercise of a power mentioned in subregulation 17A.42A(1), the Commonwealth is not liable for any loss or damage suffered because of the seizure unless:
(a) the Registrar gives the Comptroller-General of Customs written notice in accordance with subregulation (1); and
(b) the seizure occurs after the notice is given to the Comptroller-General of Customs .
(3) To avoid doubt, subregulation (2) does not, by itself, make the Commonwealth liable if the circumstances described in paragraphs (2)(a) and (b) exist.