Merchandise Marks Act, 1931

PART III.

Restriction on Sale Orders and Restriction on Importation Orders.

Reference of applications to the Commission and fees on applications.

6.—(1) Whenever an application is made to an Executive Minister by any person appearing to such Minister to be substantially representative of persons engaged in the production, manufacture or sale of goods of a particular class or description for—

(a) an order under this Part of this Act prohibiting the sale or exposure for sale of imported goods of that class or description unless such goods bear at the time of such sale or exposure an indication of origin; or

(b) an order under this Part of this Act prohibiting the importation of imported goods of that class or description unless such goods bear an indication of origin at the time of importation; or

(c) both such orders;

such Executive Minister may refer such application to the Commission for its report thereon.

(2) The Executive Council may, if and whenever they think fit so to do, refer to the Commission the question whether it is desirable to make in respect of goods of a particular class or description—

(a) an order such as is mentioned in paragraph (a) of the foregoing sub-section of this section; or

(b) an order such as is mentioned in paragraph (b) of the foregoing sub-section of this section; or

(c) both such orders.

(3) Whenever an application to an Executive Minister is referred by him under this section to the Commission, the persons by whom such application is made shall, as a condition precedent to the consideration of the application by the Commission, pay to the Commission in accordance with regulations to be made by the Minister for Finance such fee as the Commission, with the sanction of the said Minister shall fix, having regard to the length of time and the expense which in the opinion of the Commission will be involved in the consideration of the application.

(4) All fees paid to the Commission under this section shall be paid into or disposed for the benefit of the Exchequer by the Commission in such manner as the Minister for Finance shall direct.