Section 113
Section 113
(1)
Where an officer of customs has formed an opinion that any goods that have been imported and are under customs control may be goods to which a notice given under section 109(1) or (3) relates, those goods shall forthwith be detained by him until –
(a)
the Controller of Customs has been served with an order made in proceedings under subsection (1) of section 114 that the notice be discharged;
(b)
the Controller of Customs has been served with an order made in proceedings under subsection (2) of section 114 that the goods be released;
(c)
any proceedings under subsection (3) of section 114 (including any appeal) have been determined by a decision that the goods are not infringing copies;
(d)
any proceedings under subsection (3) of section 114 (including any appeal) have been abandoned; or
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
84
BLUV as at 24th December 2013
(e)
ten days have elapsed since notice was served under section 112 and the
Controller of Customs has not been served with notice of proceedings brought under subsection (3) of section 114 by any person other than the importer or consignee, whereupon the goods shall, subject to subsection (5) of this section, be released to the person entitled to them.
(2)
An officer of customs may refuse to detain goods under this section unless –
(a)
the claimant has deposited with the Controller of Customs a sum of money that, in the opinion of the Controller of Customs, is sufficient to reimburse the
Government for any liability or expense it is likely to incur as a result of the detention of the copies; or
(b)
the claimant has given security, to the satisfaction of the Controller of
Customs, for the reimbursement of the Government for any such liability or expense.
(3)
If the reasonable expenses incurred by the Controller of Customs in relation to any action taken by him under this section, or taken in accordance with an order of the court under this Order exceed the amount deposited or the amount of the security given under subsection (2), the amount of the excess is a debt due to the Government by the claimant, or, if there are two or more claimants, by the claimants jointly and severally.
(4)
The Controller of Customs may, in any particular case, extend the period referred to in paragraph (e) of subsection (1) of this section to twenty days if he considers it appropriate to do so in all the circumstances.
(5)
The Controller of Customs shall not release any goods under subsection (1) of this section unless –
(a)
any other legal requirements as to importation of the goods have been met;
(b)
any requirements under subsection (2) relating to the deposit of money or the giving of security have been met; and
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
85
BLUV as at 24th December 2013
(c)
the release of the goods would not be otherwise contrary to any law.
Proceedings in respect of infringing copies.