Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
86. Inspection, release, etc., of seized goods
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The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized goods.
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;
If the requestor gives the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the seized goods from the custody of the Director‑General for inspection by the requestor.
requestor
“requestor”, in relation to particular seized goods, means the person who gave the written notice under section 82(1) as a result of the giving of which the goods were seized;
If the importer or exporter (as the case may be) gives the Director‑General the requisite undertakings, the Director‑General may permit the importer or exporter to remove a sample of the seized goods from the custody of the Director‑General for inspection by the importer or exporter.
The requisite undertakings are undertakings in writing that the person giving the undertaking will —
return the sample to the Director-General at a specified time that is satisfactory to the Director‑General; and
take reasonable care to prevent damage to the sample.
If the Director-General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director‑General is not liable to the importer or exporter for any loss or damage suffered by the importer or exporter arising out of —
damage to any of the seized goods incurred during that inspection; or
anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director‑General or any use made by the requestor of such a sample.