Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.42E

Registrar to notify Comptroller - General of Customs

  (1)   If the Registrar exercises a power mentioned in subregulation   17A.42A(1) the Registrar must notify the Comptroller - General of Customs in writing.

  (2)   Despite paragraph   17A.42D(3)(a), if the Comptroller - General of Customs seizes under Part   13 of the Act goods in respect of which the protected international trade mark was protected before the exercise of a power mentioned in subregulation   17A.42A(1), the Commonwealth is not liable for any loss or damage suffered because of the seizure unless:

  (a)   the Registrar gives the Comptroller - General of Customs written notice in accordance with subregulation   (1); and

  (b)   the seizure occurs after the notice is given to the Comptroller - General of Customs.

  (3)   To avoid doubt, subregulation   (2) does not, by itself, make the Commonwealth liable if the circumstances described in paragraphs   (2)(a) and (b) exist.


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