Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 136

             (1)  The Customs CEO must release the seized goods to their designated owner if, within the action period, the objector has not, or none of the objectors has:

                     (a)  brought an action for infringement of the notified trade mark in respect of the goods; and

                     (b)  given to the Customs CEO notice in writing of the action.

Note 1:       For seized goods , designated owner , objector and notified trade mark see section 6.

Note 2:       For action period see subsection (4).

             (2)  The Customs CEO must also release the seized goods to their designated owner if:

                     (a)  before the end of the action period, the objector or each of the objectors has, by notice in writing to the Customs CEO, consented to the release of the goods; and

                     (b)  at that time:

                              (i)  the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods; or

                             (ii)  any action brought by an objector has been withdrawn.

Note 1:       For seized goods , designated owner , objector and notified trade mark see section 6.

Note 2:       For action period see subsection (4).

             (3)  The Customs CEO may release the seized goods to their designated owner at any time before the end of the action period if:

                     (a)  the Customs CEO, having regard to information that has come to his or her knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

                     (b)  the objector has not, or none of the objectors has, brought an action for infringement of the notified trade mark in respect of the goods.

Note 1:       For seized goods , designated owner , objector and notified trade mark see section 6.

Note 2:       For action period see subsection (4).

Note 3:       In obtaining information for the purposes of this section, the Customs CEO must comply with Principles 1, 2 and 3 in section 14 of the Privacy Act 1988 .

             (4)  In this section:

"action period" , in relation to seized goods, means:

                     (a)  if there is only one objector to the importation of the goods--the period within which the objector may bring an action for infringement of the registered trade mark in respect of goods under subsection 137(1); or

                     (b)  if there is more than one objector to the importation of the goods--the period beginning on the earliest day on which an objector may bring an action for infringement of the registered trade mark in respect of the goods under subsection 137(1) and ending at the end of the last day on which an objector may bring such an action under subsection 137(1).

Note:          For objector see section 6.