Aligning the reckoning of periods of time in Part 13 of the Trade Marks Act with that in the Customs Act 1901

Issue summary

The Australian Border Force (ABF) enforces seizure provisions in Part 13 of the Trade Marks Act 1995 in line with its seizure practices under the Customs Act 1901. There is some inconsistency in the definition of “days” in the two pieces of legislation as the Trade Marks Act uses the ordinary meaning of the term, while the Customs Act excludes Sundays and public holidays. This has no negative effect on stakeholders, however closer alignment of how periods of time are reckoned between these two Acts could make it simpler to administer the seizure provisions in Part 13 of the Trade Marks Act.

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