Commonwealth Consolidated Acts

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COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 10

Forfeiture of falsely marked goods

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

Note:   For rules about representations as to the country of origin of goods, see section   10AA.

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

  (3)   If the Comptroller - General of Customs is satisfied that the contravention was not intentional or reckless:

  (a)   the Comptroller - General of Customs 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.



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