Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
50. Notice of seizure
Official textFrom Attorney General's Chambers, unchanged
As soon as is practicable after the goods are seized under section 47, the Controller shall give to the importer and the objector, either personally or by post, a written notice identifying the goods and stating that they have been seized.
Controller
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
A notice under subsection (1) shall state that the goods will be released to the importer unless —
an infringement action in respect of the goods is instituted by the objector within a specified period from the day specified in the notice; and
the objector gives written notice to the Controller within that period stating that the infringement action has been instituted.
Plant Varieties Protection
The period to be specified for the purpose of subsection (2)(a) is the period prescribed for the purposes of that paragraph.
The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
The objector may, by written notice given to the Controller before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended.
objector
“objector”, in relation to particular seized goods, means the person who gave the notice under section 47 as a result of the giving of which the goods were seized;
Subject to subsection (7), if —
a request is made in accordance with subsection (5); and
the Controller is satisfied that it is reasonable that the request be granted, the Controller may extend the initial period by such period as is prescribed.
A decision on a request made in accordance with subsection (5)
must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.
Terms defined in this Act
Controller
Defined · s 46“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
infringement action
Defined · s 46“infringement action” means an action for an infringement in respect of a grant of protection;
objector
Defined · s 46“objector”, in relation to particular seized goods, means the person who gave the notice under section 47 as a result of the giving of which the goods were seized;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
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