Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
51. Inspection, release etc. of seized goods
Official textFrom Attorney General's Chambers, unchanged
The Controller may permit the objector or the importer to inspect the seized goods.
Controller
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
If the objector gives the requisite undertakings, the Controller may permit the objector to remove a sample of the seized goods from the custody of the Controller for inspection by the objector.
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;
If the importer gives the Controller the requisite undertakings, the Controller may permit the importer to remove a sample of the seized goods from the custody of the Controller for inspection by the importer.
The requisite undertakings are undertakings in writing that the person giving the undertaking will —
return the sample to the Controller at a specified time that is satisfactory to the Controller; and
take reasonable care to prevent damage to the sample.
Plant Varieties Protection 40
If the Controller permits inspection of the seized goods, or the removal of a sample, by the objector in accordance with this section, the
Controller is not 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 objector or any other to, or in relation to, a sample removed from the custody of the Controller or any use made by the objector of such a sample.
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;
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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