OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 54 Comptroller - General of Customs may seize goods

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 customs control under 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 Comptroller - General of Customs 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 Comptroller - General of Customs must seize the goods unless the Comptroller - General of Customs 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 Comptroller - General of Customs may refuse to seize the goods unless the Comptroller - General of Customs has been given by the objector, or by one or more of the objectors, security in an amount that the Comptroller - General of Customs 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 Comptroller - General of Customs.

  (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).