Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p7
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 14603–17319

imported in contravention of any regulation made for the purposes of subsection (1) are forfeited to the Crown.

"(3) If the CEO is satisfied that the contravention was not intentional or reckless:

    (a) the CEO may, by notice in writing given to the owner or importer of the goods concerned, require the owner or importer:

        (i) to apply the prescribed trade description; or

        (ii) to export the goods;

within a period specified in the notice; and

    (b) if the owner or importer complies with the notice, subsection (2) does not apply in respect of the goods.".

3. Subsection 7(4):

Omit "under", substitute "made for the purposes of".

4. Section 10:

Repeal the section, substitute:

Forfeiture of falsely marked goods

"10.(1) Goods to which a false trade description is applied are prohibited to be imported.

SCHEDULE 3—continued

"(2) Subject to subsection (3), goods imported in contravention of subsection (1) are forfeited to the Crown.

"(3) If the CEO is satisfied that the contravention was not intentional or reckless:

    (a) the CEO may, by notice in writing given to the owner or importer of the goods concerned, require the owner or importer to correct the false trade description within a period specified in the notice; and

    (b) if the owner or importer complies with the notice, subsection (2) does not apply in respect of the goods.".

5. Subsections 11(2) and (3):

Omit the subsections, substitute:

"(2) Subject to subsection (3), goods to which the prescribed trade description has not been applied that are entered for export, put on board any ship for export or brought to any wharf or place for export, are forfeited to the Crown.

"(3) If the CEO is satisfied that the entry for export, putting on board a ship for export, or bringing to a wharf or place for export, of goods to which the prescribed trade description had not been applied was not intentional or reckless:

    (a) the CEO may, by notice in writing given to the owner or exporter of the goods concerned, require the owner or exporter:

        (i) to apply the prescribed trade description to the goods before the exportation of the goods and within a period specified in the notice; or

        (ii) to withdraw that entry, to remove the goods from that ship, or to remove the goods from that wharf or place, as the case requires, within the period so specified; and

    (b) if the owner or exporter complies with the notice, subsection (2) does not apply in respect of the goods.".

6. Section 13:

Repeal the section, substitute:

Exportation of falsely marked goods

"13.(1) Goods to which any false trade description is applied are prohibited to be exported.

"(2) Subject to subsection