Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
88. Compulsory release of seized goods to importer or exporter
Feedback & supportLast amended by an amending law of 2018.
The Director-General must release seized goods (not being goods forfeited to the Government under section 87) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period —
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;
instituted an infringement action in relation to the goods; and
given written notice to the Director-General stating that the action has been instituted.
If —
an infringement action has been instituted in relation to the seized goods; and
on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods,the Director-General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day.
If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the seized goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible.
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;
This section has effect subject to section 91.