Commonwealth Consolidated Regulations

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COPYRIGHT REGULATIONS 1969 - REG 23V

Effect of payment of penalty and forfeiture of infringing articles and devices

         (1)   The effects mentioned in subregulation (3) apply in relation to an alleged offence against a provision of Subdivision A or B of Division 3 of Part XIA of the Act, or against subsection 132AQ (5), 132AR (5) or 132AS (5) of the Act, if:

                (a)    an infringement notice is given in relation to the alleged offence; and

               (b)    the infringement notice is not withdrawn; and

                (c)    the recipient pays the penalty stated in the notice in accordance with regulation 23U.

         (2)   The effects mentioned in subregulation (3) apply in relation to an alleged offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)) if:

                (a)    an infringement notice is given in relation to the alleged offence; and

               (b)    the infringement notice is not withdrawn; and

                (c)    the recipient pays the penalty stated in the notice in accordance with regulation 23U; and

               (d)    the recipient agrees to forfeit, and has forfeited, to the Commonwealth all infringing articles and devices that the recipient possessed in relation to the alleged offence at the time and place at which the infringement notice was given.

         (3)   The effects are:

                (a)    any liability of the recipient for the alleged offence is discharged; and

               (b)    no prosecution may be brought against the recipient for the alleged offence; and

                (c)    the recipient is not taken to have admitted guilt of the alleged offence; and

               (d)    the recipient is not taken to have been convicted of the offence.



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