with counterfeit goods or alleged or suspected counterfeit
goods, were exercising the powers contemplated in section 4
(1) on own initiative in terms of section 3 (4);
(b)
the following provisions of this Act will apply mutatis mutandis
in relation to any member of the customs authorities, namely(i)
the provisions in accordance with or subject to which
the powers contemplated in section 4 (1) may be
exercised by an inspector so acting on own initiative;
(ii)
the provisions by which any other power or any right,
function, duty, obligation, exemption, indemnity or
liability is conferred or imposed on an inspector so
acting.
However, the Minister, at the request of the Minister of Finance acting
on the recommendation of the Commissioner, may by notice in the
Gazette exempt the members of the customs authorities from any of
the provisions made applicable by this paragraph if satisfied that there
are suitable and appropriate alternative arrangements made by or
under the Customs and Excise Act, 1964, that cover the purpose of
the provision from which exemption is sought.
(7)
The customs authorities will not be obliged to act in terms of
subsection (4) unless the owner of the intellectual property right, the
subject matter of which is alleged to be featured or borne by or
incorporated or embodied in or to have been applied to stipulated
goods, furnishes to the Commissioner security in the manner and
amount that the Commissioner may require to indemnify the customs
authorities and their members against any liability that may be
incurred pursuant to the seizure and detention of goods or anything
done in relation to goods when acting or purportedly acting under this
section, and to cover any expenses that may be incurred in effecting
the seizure and detention of the goods.
(8)
The provisions of this Act will not be construed so as to render the
customs authorities or any of their members liable for-
(9)
16.
(a)
any failure to detect or seize stipulated goods;
(b)
the inadvertent release of any such goods; or
(c)
any action taken in good faith in respect of such goods.
For the purposes of this section, 'customs authorities' means the
South African Revenue Service in its Division: Customs and Excise,
the members of which are the Commissioner and those officials who
are 'officers' within the contemplation of the definition of 'officer' in
section 1 (1) of the Customs and Excise Act, 1964.
Evidence and presumptions
(1)
Subject to section 5 (4) (b), any statement taken down or other
documentary evidence procured by an inspector in the course of