Interpretation of this Division and Division 7 |
140A. In this Division and Division 7, unless the context otherwise requires —
[Aust. 1968, s. 134B] |
Delegation of Director-General’s powers |
140AA. The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act) any of the powers of the Director‑General under this Division (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director‑General may determine. [Act 34 of 2018 wef 10/10/2018] |
Fees |
Restriction of importation or exportation of copies of works, etc. |
140B.—(1) A person who is the owner of the copyright in any copyright material or a licensee thereof may give the Director-General a written notice —
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Security for liability or expense of seizure, storage and disposal |
140C. An authorised officer may refuse to seize copies under section 140B(7) unless —
[Aust. 1968, s. 135AA] |
Secure storage of seized copies |
140D. At the Director-General’s direction, seized copies must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those copies immediately before the seizure or the requestor, whoever the Director-General considers appropriate. [Act 34 of 2018 wef 21/11/2019] |
Notice of seizure |
140E.—(1) As soon as is practicable after copies are seized under section 140B(7), the Director-General shall give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the copies and stating that the identified copies have been seized. [Act 34 of 2018 wef 21/11/2019] [6/98]
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Persons bound to give information or produce documents |
140EA.—(1) At any time after copies of copyright material have been seized under section 140B(7), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.
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Information on import or export |
140EB.—(1) After copies of copyright material have been seized under section 140B(7), the Director‑General may, upon the request of the requestor, and if the Director‑General is satisfied that the information is necessary to enable the requestor to institute an action for infringement of copyright, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized copies. [Act 34 of 2018 wef 21/11/2019]
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Inspection, release, etc., of seized copies |
140F.—(1) The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized copies. [6/98] [Act 34 of 2018 wef 21/11/2019]
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Forfeiture of seized copies by consent |
140G.—(1) Subject to subsection (2), the importer or exporter (as the case may be) may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized copies being forfeited to the Government. [6/98] [Act 34 of 2018 wef 21/11/2019] [Act 34 of 2018 wef 10/10/2018]
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Compulsory release of seized copies to importer or exporter |
140H.—(1) The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the copies if the requestor has not, before the expiration of that period —
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Provision relating to actions for infringement of copyright |
140I.—(1) In this section and section 140IA, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies or by the making of seized copies. [6/98; 38/99] [Act 34 of 2018 wef 21/11/2019]
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Compensation for failure to take action |
140IA.—(1) Where copies have been seized pursuant to a notice given under section 140B and the requestor concerned fails to take infringement action within the retention period for the copies, a person aggrieved by such seizure may apply to the court for an order of compensation against the requestor. [38/99] [Act 34 of 2018 wef 21/11/2019]
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Retention of control of seized copies |
140J. Notwithstanding section 140H, in a case in which no order has been made under section 140I(4) in relation to seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies. [6/98] [Aust. 1968, s. 135AH] |
Disposal of seized copies |
140K.—(1) If a court orders that seized copies are to be forfeited to the Government, the copies shall be disposed of —
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Insufficient security |
140L.—(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Subdivision, or taken in accordance with an order of a court under this Subdivision exceed the amount deposited, or the amount of the security given, under section 140C, the amount of the excess is a debt due to the Government. [6/98] [Act 34 of 2018 wef 21/11/2019]
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Seizure and inspection of infringing copies |
140LA.—(1) Despite section 140B(7), an authorised officer may —
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Requirements for continued detention |
140LB.—(1) If the owner of the copyright in the copyright material wants the Director-General to continue to detain the seized copies of the copyright material so that the owner may institute an action for infringement of copyright in relation to them, the owner must, within the prescribed period after the date of the notice in section 140LA(3) —
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Notice to take action |
140LC.—(1) If section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright in the copyright material, the Director-General must, as soon as practicable, give to the owner and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the copies will be released to the dealer unless —
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Persons bound to give information or produce documents |
140LD.—(1) At any time after copies of copyright material have been seized under section 140LA, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2) may require that person to provide to the officer that information or document at a time and place specified by the officer.
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Information on import or export |
140LE.—(1) After section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright material, the Director-General may, upon the request of the owner, and if the Director-General is satisfied that the information is necessary to enable the owner to institute an infringement action, give the owner the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized copies.
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Forfeiture of seized copies by consent |
140LF.—(1) Subject to subsection (2), the dealer may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized copies being forfeited to the Government.
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Compulsory release of seized copies to dealer |
140LG.—(1) The Director-General must release the seized copies (not being copies forfeited to the Government under section 140LF) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 140LC(1) (including any extension of that period under section 140E(6) as applied by section 140LC(2)), if the owner of the copyright in the copyright material has not, before that date —
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Provisions relating to actions for infringement of copyright |
140LH. Section 140I applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140LA or the making of the copies so seized, as it applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140B(7) or the making of the copies so seized, with the following modifications:
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Compensation for failure to take action |
140LI.—(1) Where —
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Retention of control of seized copies |
140LJ. Despite section 140LG and any regulation made under section 140LB(4)(c), in a case in which no order has been made under section 140I(4) (as applied by section 140LH) in relation to the seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies. [Act 34 of 2018 wef 21/11/2019] |
Disposal of seized copies |
140LK. Section 140K applies in relation to copies of copyright material seized under section 140LA, as it applies in relation to copies of copyright material seized under section 140B(7), with a reference to the importer or exporter replaced with a reference to the dealer. [Act 34 of 2018 wef 21/11/2019] |
Insufficient security |
140LL.—(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Subdivision, or taken in accordance with an order of a court under this Subdivision exceed the amount deposited, or the amount of the security given, under section 140LB, the amount of the excess is a debt due to the Government.
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