COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 11 Prohibition of exports not bearing the prescribed trade description

COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 11

  (1)   The regulations may prohibit the exportation of any goods, unless there is applied to them a trade description of such character, relating to such matters, and applied in such manner, as is prescribed.

  (2)   Subject to subsection   ( 3), goods to which the prescribed trade description has not been applied that are entered for export, put on board any ship for export or brought to any wharf or place for export, are forfeited to the Crown.

  (3)   If the Comptroller - General of Customs is satisfied that the entry for export, putting on board a ship for export, or bringing to a wharf or place for export, of goods to which the prescribed trade description had not been applied was not intentional or reckless:

  (a)   the Comptroller - General of Customs may, by notice in writing given to the owner or exporter of the goods concerned, require the owner or exporter:

  (i)   to apply the prescribed trade description to the goods before the exportation of the goods and within a period specified in the notice; or

  (ii)   to withdraw that entry, to remove the goods from that ship, or to remove the goods from that wharf or place, as the case requires, within the period so specified; and

  (b)   if the owner or exporter complies with the notice, subsection   ( 2) does not apply in respect of the goods.