Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 143

Power to require information
143. (1) If:

   (a)  goods that may be seized under this Part are imported into Australia;
        and

   (b)  the Comptroller, relying on information received, is satisfied on
        reasonable grounds that the use of a trade mark applied to or in
        relation to those goods is fraudulent; the Comptroller may ask the
        importer of the goods or an agent of the importer:

   (c)  to produce any document in his or her possession relating to the
        goods; and

   (d)  to give information about:

        (i)    the name and address of the person by whom the goods were
               consigned to Australia; and

        (ii)   the name and address of the person in Australia to whom the
               goods were consigned. Note 1: For applied to in relation to
               goods see section 9. Note 2: In obtaining information for the
               purposes of this subsection, the Comptroller must comply with
               Principles 1, 2 and 3 in section 14 of the Privacy Act 1988.

(2) If the importer or his or her agent intentionally or recklessly fails to
comply with the request within the prescribed period, the importer or agent is
guilty of an offence punishable, on conviction, by imprisonment for a period
not exceeding 6 months. Note: The Reader's Guide gives information about
penalties (see the paragraphs under the subheading Crimes Act 1914). 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback