Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135AF

Release of seized copies to importer

  (1)   The Comptroller - General of Customs must release seized copies to the importer if:

  (a)   the objector gives written notice to the Comptroller - General of Customs stating that the objector consents to the release of the seized copies; and

  (b)   the copies have not been disposed of under section   135AI.

  (2)   The Comptroller - General of Customs may release seized copies to the importer at any time if:

  (a)   the Comptroller - General of Customs, having regard to information that has come to his or her knowledge after the copies were seized, is satisfied that there are no reasonable grounds for believing that copyright has been infringed by the importation of the copies; and

  (b)   the objector has not brought an action for infringement of copyright in relation to the copies.

  (3)   The Comptroller - General of Customs must release seized copies to the importer if:

  (a)   the importer has made a claim for the release of the copies; and

  (b)   the objector has not, by the end of the action period:

  (i)   instituted an action for infringement of copyright in relation to the copies; and

  (ii)   given the Comptroller - General of Customs written notice of that action.

  (4)   The Comptroller - General of Customs must release seized copies to the importer if:

  (a)   the importer has made a claim for the release of the copies; and

  (b)   an action for infringement of copyright has been instituted in relation to the copies; and

  (c)   at the end of a period of 20 working days commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies.

  (5)   This section has effect subject to section   135AH.


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