Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 136B

Late claim for release of seized goods

In force
Part 13Importation of goods infringing Australian trade marks

136B Late claim for release of seized goods

(1)

The Comptroller‑General of Customs may allow the designated owner to make a claim (the late claim) to the Comptroller‑General of Customs for the release of seized goods after the end of the claim period for the goods.

Note:

For objector, seized goods and claim period see section 6.

(2)

The Comptroller‑General of Customs may allow the late claim only if:

(a)

an action for infringement of the notified trade mark in respect of the goods has not been instituted; and

(b)

the Comptroller‑General of Customs considers it reasonable in the circumstances; and

(c)

the goods have not been disposed of under section 139.

(3)

An application may be made to the Administrative Review Tribunal for the review of a decision of the Comptroller‑General of Customs under subsection (1) refusing to allow a late claim for the release of seized goods.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.