Division 1 General
Division 2 Works and performances
Subdivision 1 Works
Subdivision 2 Authorial works in general
Subdivision 3 Literary, dramatic and musical works
Subdivision 4 Adaptations of literary, dramatic or musical works
Subdivision 5 Artistic works
Subdivision 6 Sound recordings
Subdivision 7 Films
Subdivision 8 Broadcasts
Subdivision 9 Cable programmes
Subdivision 10 Qualifying performances and recordings of protected performances
Division 3 Acts relating to works and performances
Subdivision 1 General
Subdivision 2 Copying
Subdivision 3 Publishing
Subdivision 4 Communicating
Subdivision 5 Broadcasting, etc.
Subdivision 6 Performing
Subdivision 7 Causing visual images to be seen or sounds to be heard
Subdivision 8 Commercial acts
Division 4 Relevant persons and organisations
Subdivision 1 Qualified individuals and persons
Subdivision 2 International organisations
Subdivision 3 Educational institutions
Subdivision 4 Persons with print disabilities
Subdivision 5 Persons with intellectual disabilities
Subdivision 6 Public collections: galleries, libraries, archives and museums
Division 5 Rights and rights infringements
Subdivision 1 Common provisions
Subdivision 2 Provisions relating to copyright works
Subdivision 3 Provisions relating to protected performances
Division 6 Miscellaneous
Division 1 General
Division 2 Authorial works
Division 3 Published editions of authorial works
Division 4 Sound recordings
Division 5 Films
Division 6 Broadcasts
Division 7 Cable programmes
Division 8 Ownership and transactions
Division 9 Infringement of copyright
Subdivision 1 What is an infringement of copyright
Subdivision 2 Action for copyright infringement
Subdivision 3 Infringement action where exclusive licensee has concurrent right of action
Subdivision 4 Presumptions in infringement actions
Division 1 General provisions
Division 2 Fair use
Division 3 Education and educational institutions
Division 4 Persons with print disabilities
Division 5 Persons with intellectual disabilities
Division 6 Public collections: galleries, libraries, archives and museums
Division 7 Use of computer programs
Division 8 Computational data analysis
Division 9 Communication of sound recordings and recordings of protected performances
Division 10 Films
Division 11 Broadcasting, cable programmes and simulcasting
Division 12 Making musical records
Division 13 Artistic works
Division 14 Artistic works with corresponding designs and industrially applied artistic works
Division 15 Material in public registers, publicly disclosed material and data sharing within public sector
Division 16 Acts for service of Government
Division 17 Judicial proceedings and legal advice
Division 18 Miscellaneous
Division 19 Notation of copies
Division 1 Remedies for rights infringements
Division 2 Remedies against network service providers
Subdivision 1 Preliminary
Subdivision 2 Restriction of remedies against rights infringements in course of providing network services
Subdivision 3 Disabling access to flagrantly infringing online locations
Division 3 Border enforcement measures against infringing goods
Subdivision 1 Preliminary
Subdivision 2 Seizure on request
Subdivision 3 Seizure without request
Subdivision 4 Infringement action after seizure
Subdivision 5 Supplementary provisions on seizure
Subdivision 6 Powers to search for seizable infringing goods
Subdivision 7 Administration of this Division
Division 1 Author’s moral rights
Division 2 Performer’s moral rights
Division 3 Protection of electronic rights management information
Division 4 Protection of technological measures
Division 1 Offences with commercial element
Division 2 Offences without commercial element
Division 3 Other provisions
Division 1 Preliminary
Division 2 Class licensing of CMOs
Division 3 Review of tariff schemes, etc., by Copyright Tribunals
Division 4 Miscellaneous
Division 1 Preliminary
Division 2 Establishment of Tribunals
Division 3 Functions, procedure and evidence
Division 1 Preliminary
Division 2 Works, acts, etc., before 1 July 1912
Division 3 Works, acts, etc., before 10 April 1987
Division 4 Commercial rental arrangements in respect of copies bought before 16 April 1998
Division 5 Copyright and protection expiring before 1 July 2004
Division 6 Assignments and licences before 1 January 2005
Division 7 Works, performances, acts, etc., before 21 November 2021
Interpretation of this Division |
329. In this Division —
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Interpretation: what are infringing goods |
330. In this Division, “infringing goods” means —
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Infringement actions to which this Division applies |
331. In this Division, “infringement action”, in relation to seized goods, means an action —
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Request to seize |
Duration of request |
333.—(1) A request to seize is in force until it is revoked or expires under this section.
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Seizure on request |
334. A customs officer may seize goods (whether or not they are infringing goods) if —
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Notice to bring action after seizure |
335.—(1) After goods have been seized under section 334, the Director‑General must give written notice to the requestor and the dealer.
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Inspection and seizure without request |
336.—(1) A customs officer may examine any goods (including goods in transit) that the officer reasonably suspects to be infringing goods.
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Notice of seizure |
337.—(1) After goods have been seized under section 336, the Director‑General must give written notice to —
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Request to continue detention |
338.—(1) A person may request the Director‑General to continue to detain goods seized under section 336 if the person suspects that the goods are infringing goods of which the person is the rights owner.
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Release of seized goods if request not made |
339. If a request to continue detention in respect of goods seized under section 336 is not made in accordance with section 338, the Director‑General must release the goods. |
Notice to bring action if request made |
340.—(1) If a request to continue detention in respect of goods seized under section 336 is made in accordance with section 338, the Director‑General must give a written notice to the requestor and the dealer.
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Interpretation of this Subdivision |
341. In this Subdivision —
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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.
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Failure to bring action — release of seized goods |
343.—(1) This section applies if —
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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.
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Infringement action — orders in relation to seized goods |
345.—(1) This section applies if —
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Infringement action — release of seized goods if no contrary order made |
346.—(1) This section applies if —
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Infringement action — compensation if action dismissed, etc. |
347.—(1) This section applies if —
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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.
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Security for request to seize or continue detention |
349.—(1) A person who makes a request to seize or a request to continue detention must —
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Direction for secure storage |
350. The Director‑General may direct any of the following persons to take seized goods to a place that the Director‑General considers to be secure:
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Inspecting, or removing sample of, seized goods |
351.—(1) In this section, “relevant person” means —
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Power of customs officer, etc., to require information after seizure |
352.—(1) This section applies where —
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Requestor may ask for identity, etc., of person connected with seized goods |
353.—(1) This section applies where —
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Notice of release |
354.—(1) This section applies in any case where the Director‑General is required by any provision of this Division to release seized goods to the dealer.
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Forfeiture by consent |
355.—(1) A dealer may consent to forfeiting seized goods to the Government by giving written notice to the Director‑General.
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Release by consent |
356.—(1) A person who made a request to seize or a request to continue detention may consent to releasing the seized goods to the dealer by giving written notice to the Director‑General.
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Release for non‑compliance with directions, etc. |
357.—(1) The Director‑General or a customs officer may refuse to seize goods and may release any seized goods if any direction of the Director‑General, or any prescribed requirement, is not complied with.
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Unsecured expenses of Director‑General |
358.—(1) This section applies where —
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Interpretation of this Subdivision |
359. In this Subdivision —
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Powers to search vessels, aircrafts and vehicles |
360.—(1) A senior customs officer may —
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Examination and search of packages, etc. |
361.—(1) The powers under subsections (2) and (3) may be exercised in relation to an article if —
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Removal of packages, etc., to police station, etc., for examination and search |
362.—(1) For the more convenient exercise of the powers under section 361, a customs officer may —
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Search of travellers and baggage |
363.—(1) This section applies to a person (called in this section a traveller) —
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Powers to enter certain premises |
364.—(1) For the purpose of exercising any power under section 360, 361, 362 or 363, a customs officer may, without warrant, enter —
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Obstruction of customs officers |
365.—(1) A person commits an offence if he or she —
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Appointment of persons to exercise powers and duties of customs officers |
366.—(1) The Minister may appoint any person, or class of persons, to exercise the powers and perform the duties of a customs officer under this Division (including any subsidiary legislation relating to this Division).
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Delegation of Director‑General’s powers |
367.—(1) Subject to this section, the Director‑General may delegate any of his or her powers and duties under this Division (including any subsidiary legislation relating to this Division) to a senior officer of customs as defined in section 3(1) of the Customs Act 1960.
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Fees |
368. The Minister charged with the responsibility for customs duties may make regulations to prescribe the fees payable to the Director‑General for the administration of this Division, including fees for the following purposes:
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