Document ID: chunk:federal_register_of_legislation:C2006A00114:clause:1_90
Version: federal_register_of_legislation:C2006A00114
Segment Type: clause
Provision Reference: sch 1 cl 90
Character Range: 28133–29406

90  Transitional provision

(1) This item applies if:
 (a) before the commencement of this item, a notice under section 132 of the unamended Trade Marks Act was in force in relation to goods; and
 (b) before the commencement of this item, a security under subsection 133(3) of that Act was given to the Customs CEO to be applied towards the expenses of the Commonwealth incurred in relation to the goods under Part 13 of that Act; and
 (c) after the commencement of this item, the Customs CEO has been given a written undertaking under subsection 133(3) of the amended Trade Marks Act to repay those expenses to the Commonwealth; and
 (d) the undertaking is in force.

(2) On application in writing to the Customs CEO by the objector or objectors concerned, the Customs CEO must:
 (a) if none of the security has been applied towards the expenses mentioned in paragraph (1)(b)—return the security to the person who gave it; or
 (b) otherwise—refund the amount of the balance of the security to the person who gave it.

(3) In this item:
amended Trade Marks Act means the Trade Marks Act 1995 as in force immediately after the commencement of this item.
unamended Trade Marks Act means the Trade Marks Act 1995 as in force immediately before the commencement of this item.