Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p53
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 133034–135750

(b) if paragraph (a) does not apply—cancel the particulars after the end of that period in accordance with the request.

Part 13—Importation of goods infringing Australian trade marks

13.1A  Definition
  In this Part, a reference to the Comptroller‑General of Customs includes a reference to:
 (b) for Christmas Island—the Comptroller as defined in the Customs Act 1901 of Christmas Island; and
 (c) for the Cocos (Keeling) Islands—the Comptroller as defined in the Customs Act 1901 of the Cocos (Keeling) Islands.

13.1  Action period
  For the definition of action period in section 6 of the Act, the period is 10 working days.

13.2  Claim period
  For the definition of claim period in section 6 of the Act, the period is 10 working days.

13.3  Notice of objection to importationprescribed document
  For subsection 132(1) of the Act, a document that sets out the particulars of registration of the registered trade mark is prescribed.

13.4  Notice of objection to importation—authorised users
 (1) For paragraph 132(3)(b) of the Act, the period is 2 months from the day the request is made by the authorised user under subsection 132(2) of the Act.
 (2) For paragraph 132(3)(e) of the Act, the authorised user must give to the Comptroller‑General of Customs documents that show:
 (a) the authorised user has power to give a notice of objection under subsection 132(1) of the Act; and
 (b) the authorised user has made the request; and
 (c) if the authorised user gives to the Comptroller‑General of Customs the notice after the period mentioned in subregulation (1) has ended—the period has ended.
Note: Examples of documents for paragraph (2)(a) are:
(a) an agreement between the registered owner of a trade mark, and the authorised user of the trade mark, that the authorised user of the trade mark is able to give notice of objection; and
(b) a declaration by the registered owner that the authorised user of the trade mark is able to give notice of objection.

13.5  Claim for release of seized goods
  For the purposes of subsection 136(3) of the Act, the claim must include the following information:
 (a) the designated owner's full name, home or business address and address for service;
 (b) a telephone number for the designated owner;
 (c) the grounds for seeking the release of the seized goods;
 (d) if the designated owner's home or business address is not in Australia:
 (i) the full name and the home or business address of a person who is the designated owner's agent in Australia; and
 (ii) an address for service for the person who is the designated owner's agent in Australia; and
 (iii) a telephone number for the person; and
 (iv) information showing that the person agreed to be the