Commonwealth Consolidated Acts

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Provision relating to actions for infringement of copyright

  (1)   In this section, infringement action means an action for an infringement of copyright constituted by the importation of seized copies.

  (2)   The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject - matter of the action, allow the person to be joined as a defendant to the action.

  (3)   The Comptroller - General of Customs is entitled to be heard on the hearing of an infringement action.

  (4)   In addition to any relief that may be granted apart from this section, the court may:

  (a)   at any time, order that the seized copies be released to the importer subject to such conditions (if any) as the court thinks fit; or

  (b)   order that the seized copies not be released to the importer before the end of a specified period; or

  (c)   order that the goods be forfeited to the Commonwealth.

  (5)   A court may not make an order under paragraph   (4)(a) if it is satisfied that the Comptroller - General of Customs is required or permitted, under any other law of the Commonwealth, to retain control of the seized copies.

  (6)   The Comptroller - General of Customs must comply with an order made under subsection   (4).

  (7)   If:

  (a)   the court decides that the relevant copyright was not infringed by the importation of the seized copies; and

  (b)   a defendant to the infringement action satisfies the court that he or she has suffered loss or damage as a result of the seizure of the copies;

the court may order the objector to pay to that defendant such amount as the court determines as compensation for any part of that loss or damage that is attributable to a period beginning on or after the day on which the action was commenced.

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