Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135AA

Decision not to seize unless expenses are covered

             (1)  Subject to subsection (2), the Comptroller-General of Customs may decide not to seize the copies under subsection 135(7) unless he or she has been given by the objector (or by one or more of the objectors) a written undertaking acceptable to the Comptroller-General of Customs to repay to the Commonwealth the expenses of seizing the copies.

             (2)  The Comptroller-General of Customs may decide not to seize the copies under subsection 135(7) unless he or she has been given by the objector (or one or more of the objectors), instead of an undertaking, security in an amount that the Comptroller-General of Customs considers sufficient to repay to the Commonwealth the expenses of seizing the copies if:

                     (a)  an amount payable under an undertaking given by the objector (or one or more of the objectors) in relation to other copies has not been paid in accordance with the undertaking; and

                     (b)  the Comptroller-General of Customs considers it reasonable in all the circumstances to require the security.

             (3)  An undertaking may be withdrawn or varied if the Comptroller-General of Customs consents in writing to a written request from the objector or objectors to do so.

             (4)  In this section:

"expenses of seizing the copies " means the expenses that may be incurred by the Commonwealth if the copies were seized.



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