22Simplified outline of this Part

22 Simplified outline of this Part

An official user for a major sporting event (the objector) can give the Comptroller‑General of Customs a notice objecting to the importation of infringing goods in relation to the event.

Generally, the Comptroller‑General of Customs must seize any infringing goods imported after the objection notice is given. The Comptroller‑General of Customs may decide not to seize goods if one or more objectors have not given a written undertaking, or security, to cover the Commonwealth’s likely expenses if the goods were seized. The Comptroller‑General of Customs may permit objectors to inspect seized goods.

The Comptroller‑General of Customs must notify the designated owner if goods are seized. The designated owner may either consent to the forfeiture of the goods to the Commonwealth, or make a claim for release of the goods. If a claim is not made during the claim period, the goods are forfeited to the Commonwealth.

If a claim is made during the claim period, the Comptroller‑General of Customs must notify each objector. An objector must apply for an injunction under section 45 before the end of the action period, otherwise the Comptroller‑General of Customs must release the goods to the designated owner.

If an application for an injunction is made, the court may:

(a) order the release of the goods; or

(b) order that the goods be forfeited to the Commonwealth.

If the court orders the release of the goods, the court may also order that compensation be paid to the designated owner.

The Comptroller‑General of Customs must release the goods if no order of the court is in force within 20 working days after the application is made, or at any time if each objector consents.

The Comptroller‑General of Customs may also release seized goods at any time if satisfied that there are no reasonable grounds for believing that the designated owner’s use of the indicia or images for commercial purposes in relation to the goods would contravene section 16 and no objector has made an application for an injunction.

However, the Comptroller‑General of Customs may retain control of goods if required or allowed under any other Commonwealth law.

An official user must notify the Comptroller‑General of Customs if the official user is importing goods that have any of the event’s protected indicia or images applied to them.