Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XIII · Border Measures
86. Inspection, release, etc., of seized goods
Feedback & supportThe Registrar may permit the applicant or importer to inspect the seized goods if the applicant or importer agrees to give the requisite undertakings.
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
The requisite undertakings under subsection (1) are undertakings in writing that the person giving the undertakings shall—
return the sample of the seized goods to the Registrar at a specified time that is satisfactory to the Registrar; and
take reasonable care to prevent damage to the sample.
If the applicant gives the requisite undertakings, the Registrar may permit the applicant to remove a sample of the seized goods from the custody of the Registrar for inspection by the applicant.
If the importer gives the requisite undertakings, the Registrar may permit the importer to remove a sample of the seized goods
86
from the custody of the Registrar for inspection by the importer.
If the Registrar permits inspection of the seized goods, or the removal of a sample of the seized goods, by the applicant in accordance with this section, the Registrar shall not be liable to the importer for any loss or damage suffered by the importer arising out of—
damage to any of the seized goods incurred during that inspection; or
anything done by the applicant or any other person to, or in relation to, a sample removed from the custody of the
Registrar or any use made by the applicant or any other person of such a sample.