Commonwealth Consolidated Acts

OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 54

             (1)  This section applies to goods manufactured outside Australia that:

                     (a)  are imported into Australia; and

                     (b)  are subject to the control of the Customs within the meaning of the Customs Act 1901 .

             (2)  If:

                     (a)  goods have had applied to them one or more protected olympic expressions; and

                     (b)  a notice in force under section 52 relates to the goods; and

                     (c)  it appears to the CEO that the designated owner is not authorised by, or licensed under, this Chapter, to use the expressions for commercial purposes in relation to the goods;

the CEO must seize the goods unless the CEO has no reasonable grounds for believing that section 36 would be contravened by the use of the expressions by the designated owner for commercial purposes.

             (3)  The CEO may refuse to seize the goods unless the CEO has been given by the objector, or by one or more of the objectors, security in an amount that the CEO considers sufficient to reimburse the Commonwealth for the reasonable expenses that may be incurred by the Commonwealth if the goods were seized.

             (4)  Goods seized under this section must be kept in a secure place as directed by the CEO.

             (5)  A reference in this section to the use of protected olympic expressions for commercial purposes does not include a reference to use covered by subsection 30(3).