33CEO may seize goods

33 CEO may seize goods

(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 to which this section applies have had applied to them Sydney 2000 Games indicia or images; and

(b) a notice in force under section 32 relates to the goods; and

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

the CEO must seize the goods unless the CEO has reasonable grounds for believing that section 12 of this Act would not be contravened by the use by the designated owner of the indicia or images 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 indicia or images for commercial purposes does not include a reference to use covered by subsection 11(3).