Plant Varieties Protection Act · 2022 Revised Edition · Part · Assistance by Border Authorities
53. Compulsory release of seized goods to importer
Official textFrom Attorney General's Chambers, unchanged
The Controller shall release seized goods (not being goods forfeited to the Government under section 52) to the importer on the expiration of the retention period for the goods if the objector has not, before the expiration of that period —
Controller
“Controller” has the same meaning assigned to it as in section 2 of the Customs Order, 2006;
instituted an infringement action in relation to the goods;
and
given written notice to the Controller stating that the action has been instituted.
Plant Varieties Protection
If —
an infringement action has been instituted in relation to the seized goods; and
at the end of a period of 20 days commencing on the day on which the action was instituted, there is not in force an order of the
Court in which the action was instituted preventing the release of the goods, the Controller shall release the goods to the importer.
If the objector gives written notice to the Controller stating that he consents to the release of the seized goods, the Controller shall release the goods to the importer.
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;
This section has effect subject to section 56.
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;
retention period
Defined · s 46“retention period”, in relation to seized goods, means — (a) the period specified in a notice given under section 50 in respect of the goods; or (b) if that period has been extended under section 50, that period as so extended;
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