ss 86–93 TRADE MARKS ACT or as a result of anything done by him in relation to goods so detained. 88 Aiding and abetting offence under this Part (2) Where a notice has been given under subsection (1) and has not been withdrawn, the importation into Zimbabwe at a time before the end of the period specified in the notice of any goods referred to in paragraph (b) of subsection (1) shall be prohibited. (3) Subject to any regulations made in terms of section one hundred and four, the Director of Customs and Excise may, if, in his opinion, the contravention has not occurred either intentionally or negligently, notwithstanding section 47 of the Customs and Excise Act [23:02] permit goods which are liable to be or have been seized in terms of this section to be delivered to the owner or importer upon security being given to the satisfaction of the Controller of Customs and Excise that— (a) the improper marks will be effectually removed from the goods; or (b) such additions will be made as will render unobjectionable any mark applied to the goods; or (c) the goods will be forthwith exported. Any person who within Zimbabwe procures, counsels, aids, abets or is accessory to the commission outside Zimbabwe of any act which, if committed within Zimbabwe, would be an offence under this Part, shall himself be guilty of an offence. 89 Limitation of period of prosecution (4) An appeal shall lie from any decision of the Director of Customs and Excise under subsection (3) as though it were a decision of the Registrar and Part XII shall apply, mutatis mutandis, in relation to such appeal as though any reference in that Part to the Registrar were a reference to the Director of Customs and Excise. 87 Power to require information in respect of imported goods bearing fraudulent marks (1) Where goods the importation of which is prohibited by section eighty-six are imported into Zimbabwe and the Director of Customs and Excise is, upon representations made to him, satisfied that the use of the trade mark constitutes a forgery, a customs officer may require the importer of the goods or his agent to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to Zimbabwe and the name and address of the person to whom the goods were sent in Zimbabwe. No prosecution for an offence under this Part shall be commenced after the expiration of a period of— (a) three years from the date on which the offence is alleged to have been committed; or (b) one year after the first discovery thereof by a police officer or customs officer; (2) An importer or his agent who fails to comply with any requirement in terms of subsection (1) within fourteen days shall be guilty of an offence. (3) Notwithstanding section 210 of the Customs and Excise Act [Chapter 23:02], the Director of Customs and Excise may communicate to the proprietor or registered user of a registered trade mark which is alleged to have been used in contravention of this Act the name and address of the importer of the goods or his agent and such other information relating to that importer or his agent as the Director of Customs and Excise considers expedient in the circumstances. [Chapter 26:04] 120