Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
(a) a reference to the Territory is a reference to Norfolk Island; and
(b) a reference to importation into the Territory does not include importation from Australia or from another Territory not forming part of the Commonwealth.
(2) The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Collector of Customs of the Territory (in this regulation referred to as the Collector ) stating:
(a) that he is the owner of the copyright in the work; and
(b) that he objects to the importation into the Territory, during a period specified in the notice, of copies of the work to which this regulation applies.
(3) A notice under the last preceding subregulation is of no effect unless the period specified in the notice does not exceed five years and does not extend beyond the end of the period for which the copyright in the work to which the notice relates is to subsist.
(4) For the purposes of subregulation (2), a notice to the Collector shall be in accordance with Schedule 11.
(5) The owner of the copyright in a work may appoint another person to act as his agent for the purpose of the giving of a notice by the owner under subregulation (2) of this regulation.
(6) This regulation applies, in relation to a work, to any printed copy of the work made outside Australia and the Territories of the Commonwealth not forming part of the Commonwealth the making of which would, if it had been made in the Territory by the person who imported it into the Territory, have constituted an infringement of the copyright in the work.
(7) Where a notice has been given under subregulation (2) of this regulation in respect of a work and has not been withdrawn, the importation of copies of the work to which this regulation applies into the Territory for the purpose of:
(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;
(b) distributing the copies:
(i) for the purpose of trade; or
(ii) for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
(c) by way of trade exhibiting the copies in public;
is prohibited and any such copies, if imported into the Territory for any such purpose, may, subject to this regulation, be seized as forfeited to the Administration of the Territory.
(8) The Collector, or on appeal from him the Administrator of the Territory, may direct that copies of a work that are liable to be or have been seized as forfeited under this regulation be delivered to the owner or importer if security has been given to the satisfaction of the Collector that the copies will be forthwith exported from the Territory.
(9) A person who has given a notice to the Collector in relation to a work under subregulation (2) of this regulation shall, as and when required by the Collector, give to the Collector such information and evidence as the Collector requires for the purpose of enabling him to satisfy himself as to the subsistence of copyright in the work, as to the ownership of that copyright and, where the notice was given by a person as agent for the owner of the copyright as to the authority of the person to give the notice.
(10) The Collector may from time to time require a person who has given a notice in relation to a work under subregulation (2) of this regulation to give to the Collector security (whether by way of deposit of money, of an instrument of guarantee or otherwise), as the Collector specifies, in respect of any liability or expense that may be incurred by the Collector as a result of the seizure of any copy of the work.
(11) A person who has given a notice to the Collector in relation to a work under subregulation (2) of this regulation is liable to indemnify the Collector against any liability or expense that may be incurred by the Collector as a result of the seizure of any copy of the work to the extent to which any security given by the person to the Collector in respect of that liability or expense is insufficient.
(12) Where a person who gave a notice under subregulation (2) of this regulation has failed to comply with any requirement by the Collector under this regulation or has failed to indemnify the Collector against a liability or expense as provided by the last preceding subregulation, the Collector may direct that copies imported into the Territory of a work to which the notice relates are not to be seized as forfeited.