25Seizure of goods by Comptroller‑General of Customs

25 Seizure of goods by Comptroller‑General of Customs

Comptroller‑General of Customs must seize goods (1) The Comptroller‑General of Customs must seize goods that are subject to customs control under the Customs Act 1901 if: (a) the goods were manufactured outside Australia and imported into Australia; and (b) it appears to the Comptroller‑General of Customs that the goods are infringing goods in relation to a major sporting event; and (c) there is in force under section 23 a notice of objection to importation that relates to the goods; and (d) the Comptroller‑General of Customs does not make a decision under subsection (2) or (3) in relation to the goods.

Note: Subsection 12(3) limits when indicia or images are used for commercial purposes for the purposes of this section.

When Comptroller‑General of Customs is not required to seize goods (2) The Comptroller‑General of Customs may decide not to seize the goods if he or she is satisfied that there are no reasonable grounds for believing that section 16 of this Act would be contravened by the designated owner’s use of the indicia or images for commercial purposes in relation to the goods. (3) The Comptroller‑General of Customs may decide not to seize the goods if: (a) the objector (or one or more of the objectors) has not given the Comptroller‑General of Customs a written undertaking acceptable to the Comptroller‑General of Customs to repay to the Commonwealth the expenses (the seizure expenses) that may be incurred by the Commonwealth if the goods were seized; or (b) if the Comptroller‑General of Customs has required security to be given as mentioned in subsection (4)—the objector (or one or more of the objectors) does not give the security. (4) The Comptroller‑General of Customs may require security to be given, instead of an undertaking mentioned in paragraph (3)(a), in an amount that the Comptroller‑General of Customs considers sufficient to repay the seizure expenses if: (a) an amount payable under an undertaking given under paragraph (3)(a) by the objector (or one or more of the objectors) in relation to other goods has not been paid in accordance with that undertaking; and (b) the Comptroller‑General of Customs considers it reasonable in all the circumstances to require the security. (5) An undertaking may be withdrawn or varied if the Comptroller‑General of Customs consents in writing to a written request from the objector or objectors to do so. Seized goods must be kept securely (6) Goods seized under this section must be kept in a secure place as directed by the Comptroller‑General of Customs.