Release of seized goods if request not made
339. If a request to continue detention in respect of goods seized under section 336 is not made in accordance with section 338, the Director-General must release the goods.
Notice to bring action if request made
340.—(1) If a request to continue detention in respect of goods seized under section 336 is made in accordance with section 338, the Director-General must give a written notice to the requestor and the dealer.
(2) The notice must state that the goods will be released to the dealer unless—
- (a) an infringement action is brought in relation to the goods within the prescribed time after the date specified in the notice; and
- (b) the requestor informs the Director-General of the action within that time.
(3) The date mentioned in subsection (2)(a) must not be earlier than the date on which the notice is given.
(4) The notice may be given personally, by post or (if the recipient gives prior consent) by email.
Subdivision (4)—Infringement action after seizure
Interpretation of this Subdivision
341. In this Subdivision—
“claim period” means the time within which an infringement action must be brought under section 342;
“notice to bring action”—
- (a) in relation to goods seized under Subdivision (2)—means the notice under section 335; and
- (b) in relation to goods seized under Subdivision (3)—means the notice under section 340;
