Trade Marks Act · s 86

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86.
Detention of infringing goods
(1) Where an officer of customs has formed an opinion that any goods that have been imported and are under customs control may be goods to which a notice accepted under section 82(3)(a) relates, those goods shall forthwith be detained by him until —
(a) the Controller of Customs has been served with an order made in proceedings under section 87(1) that the notice be discharged;
(b) the Controller of Customs has been served with an order made in proceedings under section 87(2) that the goods be released;

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(c) any proceedings under section 87(3) (including any appeal)
have been determined by a decision that the goods are not infringing goods;
(d) any proceedings under section 87(3) (including any appeal)
have been abandoned; or
(e) 10 days have elapsed since notice was served under section 85 and the Controller of Customs has not been served with notice of proceedings brought under section 87(3) by any person other than the importer or consignee, whereupon the goods shall, subject to subsection (3), be released to the person entitled to them.
(2) The Controller of Customs may, in any particular case, extend the period referred to in subsection (1)(e) to 20 days if he considers it appropriate to do so in all the circumstances.
(3) The Controller of Customs shall not release any goods under subsection (1) unless —
(a) any other legal requirements as to importation of the goods have been met;
(b) any requirements prescribed in regulations made under section 106 requiring the deposit of a security have been met; and
(c) the release of the goods would not be otherwise contrary to any law.

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s 86Detention of infringing goods

(1)

Where an officer of customs has formed an opinion that any goods that have been imported and are under customs control may be goods to which a notice accepted under section 82(3)(a) relates, those goods shall forthwith be detained by him until —

(a)

the Controller of Customs has been served with an order made in proceedings under section 87(1) that the notice be discharged;

(b)

the Controller of Customs has been served with an order made in proceedings under section 87(2) that the goods be released;

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(c)

any proceedings under section 87(3) (including any appeal)

have been determined by a decision that the goods are not infringing goods;

(d)

any proceedings under section 87(3) (including any appeal)

have been abandoned; or

(e)

10 days have elapsed since notice was served under section 85 and the Controller of Customs has not been served with notice of proceedings brought under section 87(3) by any person other than the importer or consignee, whereupon the goods shall, subject to subsection (3), be released to the person entitled to them.

(2)

The Controller of Customs may, in any particular case, extend the period referred to in subsection (1)(e) to 20 days if he considers it appropriate to do so in all the circumstances.

(3)

The Controller of Customs shall not release any goods under subsection (1) unless —

(a)

any other legal requirements as to importation of the goods have been met;

(b)

any requirements prescribed in regulations made under section 106 requiring the deposit of a security have been met; and

(c)

the release of the goods would not be otherwise contrary to any law.