Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 141A

Failure to comply with undertaking etc.

  (1)   If an amount payable under an undertaking in relation to goods covered by a notice given under section   132 is not paid in accordance with the undertaking, the Comptroller - General of Customs may decide not to seize goods covered by the notice until the amount owing is paid.

  (2)   An amount not paid under an undertaking:

  (a)   is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and

  (b)   may be recovered by an action taken in a court of competent jurisdiction.

Note:   For objector see section   6.

  (3)   If the amount paid under an undertaking in relation to goods covered by a notice given under section   132 is in accordance with the undertaking but is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the Comptroller - General of Customs under this Part because of the notice, the amount of the difference between those expenses and the amount paid:

  (a)   is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and

  (b)   may be recovered by an action taken in a court of competent jurisdiction.



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