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COPYRIGHT ACT 1968 - SECT 135

Restriction of importation of copies of works etc.

             (1)  In this section:

                     (a)  a reference to Australia does not include a reference to the external Territories; and

                     (b)  a reference to importation into Australia does not include a reference to importation from such a Territory.

             (2)  A person may give the Comptroller-General of Customs a written notice stating:

                     (a)  that the person is the owner of the copyright in copyright material; and

                     (b)  that the person objects to the importation into Australia of copies of the copyright material to which this section applies.

             (3)  A notice under subsection (2):

                     (a)  is to be given together with any prescribed document; and

                     (b)  is to be accompanied by the prescribed fee (if any).

             (4)  This section applies to a copy of copyright material if the making of the copy would, if it had been carried out in Australia by the person importing the copy, have constituted an infringement of the copyright in the copyright material.

             (5)  Unless it is revoked under subsection (6) or declared to be ineffective under subsection (6A), a notice under subsection (2) remains in force until:

                     (a)  the end of the period of 4 years commencing on the day on which the notice was given; or

                     (b)  the end of the period for which the copyright in the copyright material to which the notice relates is to subsist;

whichever is the earlier.

             (6)  A notice under subsection (2) may be revoked by written notice given to the Comptroller-General of Customs by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.

          (6A)  If the Comptroller-General of Customs believes, on reasonable grounds, that it is no longer appropriate to give effect to a notice given under subsection (2), the Comptroller-General of Customs may, by writing, declare the notice to be ineffective.

Note:          Subsection 195B(3) requires the Comptroller-General of Customs to notify the person who gave the notice of the decision declaring the notice to be ineffective.

             (7)  If:

                     (a)  a notice has been given under subsection (2) in respect of copyright material; and

                     (b)  the notice has not been declared to be ineffective or revoked; and

                     (c)  a person imports copies of the copyright material to which this section applies into Australia for the purpose of:

                              (i)  selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies; or

                             (ii)  distributing the copies for the purpose of trade; or

                            (iii)  distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or

                            (iv)  by way of trade exhibiting the copies in public; and

                     (d)  the copies are subject to customs control under the Customs Act 1901 ;

the Comptroller-General of Customs may seize the copies.

             (8)  The regulations may make provision for or in relation to:

                     (a)  the forms of notices under this section; and

                     (b)  the times at which, and the manner in which, notices are to be given; and

                     (c)  the giving of information and evidence to the Comptroller-General of Customs.

             (9)  The regulations may contain provisions similar to the provisions of this Division in relation to the importation into external Territories (other than importation from Australia or from another such Territory) of copies of copyright material.

           (10)  This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44A, 44D, 44E, 44F, 112A, 112D or 112DA.

        (10A)  This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44C or 112C.



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