Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Comptroller - General of Customs must release seized goods to the designated owner if:
(a) each objector gives written notice to the Comptroller - General of Customs stating that the objector consents to the release of the seized goods; and
(b) the goods have not been disposed of under section 36.
(2) The Comptroller - General of Customs may release seized goods to the designated owner at any time if:
(a) the Comptroller - General of Customs, having regard to information that has come to his or her knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that section 16 of this Act would be contravened by the designated owner's use of the protected indicia or images for commercial purposes in relation to the goods; and
(b) no objector has applied for an injunction under section 45 in relation to the goods.
(3) The Comptroller - General of Customs must release seized goods to the designated owner if:
(a) the designated owner has made a claim for the release of the goods; and
(b) no objector has, by the end of the action period:
(i) applied for an injunction under section 45 in relation to the goods; and
(ii) given the Comptroller - General of Customs written notice of that application.
(4) The Comptroller - General of Customs must release seized goods to the designated owner if:
(a) the designated owner has made a claim for the release of the goods; and
(b) an objector has applied for an injunction under section 45 in relation to the goods; and
(c) at the end of a period of 20 working days commencing on the day the application was made, there is not in force an order of the court to which the application was made preventing the release of the goods.
Note: Section 37 (power of Comptroller - General of Customs to retain control of goods) provides an exception to the rules in this section.