Commonwealth Numbered Acts

SYDNEY 2000 GAMES (INDICIA AND IMAGES) PROTECTION ACT 1996 No. 22, 1996 - SECT 37

(1) In this section, a reference to an application for an injunction under
section 43 is a reference to such an application made, in relation to seized
goods, by a person who is an objector in relation to the goods.

(2) A prescribed court in which an application for an injunction under
section 43 is pending:

   (a)  may, on the application of a person having a sufficient interest in
        the subject-matter of the application, allow the person to be joined
        as a respondent to the application; and

   (b)  must allow the CEO to appear and be heard.

(3) In addition to any relief that the court may grant apart from this
section, the court may:

   (a)  at any time, if it thinks it just, order that the seized goods be
        released to their designated owner subject to such conditions (if any)
        as the court thinks fit; or

   (b)  order that the seized goods be forfeited to the Commonwealth.

(4) If:

   (a)  the court decides that an injunction should not be granted under
        section  43 ; and

   (b)  the designated owner of the goods, or any other respondent, satisfies
        the court that he or she has suffered loss or damage because the goods
        were seized; the court may order the objector to pay to the designated
        owner or other respondent compensation, in the amount determined by
        the court, for any part of that loss or damage that is attributable to
        any period beginning on or after the day on which the application
        under section 43 was made.

(5) If, at the end of 3 weeks commencing on the day on which the application
for an injunction under section 43 was made, there is not in force an order of
the court preventing the goods from being released, the CEO must release the
goods to their designated owner.

(6) If the court orders that the goods be released, the CEO must, subject to
section 39, comply with the order.