Statistics Act, 1999
R 385
Customs and Excise Act, 1964 (Act No. 91 of 1964)Chapter XII : General113A. Powers and duties of officers in connection with counterfeit goods |
(1) An officer may—
| (a) | detain any goods to ascertain whether such goods are counterfeit goods as contemplated in the Counterfeit Goods Act, 1997 (Act No. 37 of 1997); or |
| (b) | notwithstanding anything to the contrary contained in the said Act, while acting as an inspector as defined in that Act— |
| (i) | seize and detain any goods when requested to do so in accordance with the provisions of section 15 of the said Act whether or not such goods are under customs control; |
| (ii) | seize and detain any goods in accordance with the provisions of the said Act where such officer has reasonable cause to believe that such goods are prima facie counterfeit goods as defined in that Act while such goods are under customs control; or |
| (iii) | seize and detain any goods while such goods are in transit through the Republic or transit goods found in the area of control of any Controller where such officer has reasonable cause to believe that such goods are prima facie counterfeit goods as defined in the said Act. |
(2) An officer—
| (a) | may refuse to detain any goods as contemplated in subsection (1)(b)(i) in circumstances where the request to do so does not conform with the requirements of the said Act; and |
| (b) | shall not seize or detain any counterfeit goods where the Commissioner is not indemnified against claims of any nature which may result from such seizure and detention. |
| (3) | Subject to section 43(6), no goods seized or detained by an officer acting as an inspector as contemplated in the Counterfeit Goods Act, 1997, may be stored in a State warehouse except where such goods are detained or seized for purposes of this Act. |
| (4) | Notwithstanding anything to the contrary contained in any other law, no person shall be entitled to any compensation for any loss or damage to any goods to which this section relates or any loss or damage sustained resulting from any bona fide act of any officer in respect of such goods. |
| (5) | The Commissioner may make rules— |
| (a) | regarding the procedures to be followed by an officer when exercising any power or performing any duty in connection with the detention of any goods under the provisions of subsection (1)(a) or the seizure and detention of counterfeit goods; |
| (b) | prescribing such forms as may be required to be completed for purposes of this section; and |
| (c) | concerning any other matter which the Commissioner may consider reasonably necessary and useful for the purpose of administering the provisions of this section. |
