Interpretation of this Subdivision
341. In this Subdivision —“claim period” means the time within which an infringement action must be brought under section 342;
“notice to bring action” —(a)
in relation to goods seized under Subdivision (2) — means the notice under section 335; and
(b)
in relation to goods seized under Subdivision (3) — means the notice under section 340;
“requestor” —(a)
in relation to goods seized under Subdivision (2) — means the person who made the request to seize; and
(b)
in relation to goods seized under Subdivision (3) — means the person who made the request to continue detention.
Time for requestor to bring action
342.—(1) Subject to this section, where goods are seized under Subdivision (2) or (3), an infringement action in relation to the seized goods must be brought (whether by the requestor or any other entitled person) within the time specified in the notice to bring action.
(2) The requestor or any other person entitled to bring an infringement action in relation to the seized goods may apply to the Director‑General for an extension of time, and the Director‑General may grant the extension if the Director‑General is satisfied that it is reasonable.
(3) An extension of time —(a)
starts on the expiry of the time specified in the notice to bring action; and
(b)
must be for the prescribed period.
(4) An application must be made —(a)
in writing; and
(b)
before the expiry of the time specified in the notice to bring action.
(5) The Director‑General must decide on an application within 2 working days after the application is made.
(6) However, a decision may not be made on an application after the expiry of the period specified in the notice to bring action.
Failure to bring action — release of seized goods
343.—(1) This section applies if —(a)
no infringement action in relation to the seized goods is brought within the claim period; or
(b)
the Director‑General is not informed in writing of the action within the claim period.
(2) The Director‑General must release the seized goods to the dealer unless —(a)
the Government or any public body is required or permitted by any other law to retain the seized goods; or
(b)
the seized goods are forfeited to the Government under section 355.
Failure to bring action — compensation for seizure
344.—(1) If no infringement action is brought in relation to the seized goods within the claim period, a person aggrieved by the seizure may apply to the Court for an order of compensation against the requestor.
(2) The Court may order compensation if it is satisfied that the aggrieved person has suffered loss or damage because of the seizure.
Infringement action — orders in relation to seized goods
345.—(1) This section applies if —(a)
an infringement action is brought in relation to the seized goods; and
(b)
the seized goods are not forfeited to the Government under section 355 or released when the action is brought.
(2) The Court may, in addition to granting any other remedy —(a)
at any time but subject to subsection (3), order that the seized goods be released to the dealer, either with or without conditions;
(b)
order that the seized goods must not be released to the dealer before the end of a specified period; or
(c)
order that the seized goods be forfeited to the Government.
(3) An order may not be made under subsection (2)(a) if the Government or any public body is required or permitted under any law to retain control of the seized goods.
(4) The Director‑General must comply with any order made under subsection (2).
(5) If an order is made under subsection (2)(c), the seized goods must be disposed of —(a)
in any prescribed manner; or
(b)
if no manner of disposal is prescribed, as the Director‑General directs.
(6) If no order is made under subsection (2) in relation to the seized goods, the Director‑General is not obliged to release the seized goods to the dealer if the Government or any public body is required or permitted under any law to retain control of the seized goods.
Infringement action — release of seized goods if no contrary order made
346.—(1) This section applies if —(a)
an infringement action is brought in relation to the seized goods;
(b)
the seized goods have not been forfeited to the Government under section 355 or released when the action is brought; and
(c)
on the 22nd day after the day on which the action is brought, there is no Court order that prevents the release of the seized goods.
(2) The Director‑General must release the seized goods to the dealer, unless the Government or any public body is required or permitted by any law to retain control of the seized goods.
Infringement action — compensation if action dismissed, etc.
347.—(1) This section applies if —(a)
an infringement action is brought in relation to the seized goods;
(b)
the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and
(c)
the Court is satisfied that the defendant has suffered loss and damage because of the seizure.
(2) The Court may order the requestor to pay compensation to the defendant.
Infringement action — further provisions
348.—(1) If an infringement action is brought in relation to seized goods, the Court may, on the application of a person having sufficient interest in the seized goods, allow the person to be joined as a defendant.
(2) A customs officer has the right to be heard in an infringement action relating to seized goods.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
