COPYRIGHT AMENDMENT ACT 2006 (NO. 158, 2006) - SCHEDULE 5 Customs seizure of imported infringing copies
COPYRIGHT AMENDMENT ACT 2006 (NO. 158, 2006) - SCHEDULE 5
Customs seizure of imported infringing copies
1 Paragraph 135(5)(a)
Omit "2", substitute "4".
2 Application
The amendment of section 135 of the Copyright Act 1968 by this Schedule applies in relation to notices given under that section after the commencement of this Schedule.
3 Section 135AA
Repeal the section, substitute:
135AA Decision not to seize unless expenses are covered
(1) Subject to subsection (2), the CEO 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 CEO to repay to the Commonwealth the expenses of seizing the copies.
(2) The CEO 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 CEO 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 CEO considers it reasonable in all the circumstances to require the security.
(3) An undertaking may be withdrawn or varied if the CEO consents in writing to a written request from the objector or objectors to do so.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.
4 Section 135AJ
Repeal the section, substitute:
135AJ Failure to meet Commonwealth's expenses of seizure
(1) If an amount payable under an undertaking in relation to copies covered by a notice given under section 135 is not paid in accordance with the undertaking, the CEO may decide not to seize copies covered by the notice until the amount owing is paid.
(2) An amount not paid under an undertaking:
(a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
(b) may be recovered by an action taken in a court of competent jurisdiction.
(3) If the amount paid under an undertaking in relation to copies covered by a notice given under section 135 is in accordance with the undertaking but is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the CEO under this Division because of the notice, the amount of the difference between those expenses and the amount paid:
(a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
(b) may be recovered by an action taken in a court of competent jurisdiction.
(4) If security given under subsection 135AA(2) by the objector or objectors who gave notice under section 135 is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the CEO under this Division because of the notice, the amount of the difference between those expenses and the amount of security:
(a) is a debt due by the objector, or by the objectors jointly or each of them separately, to the Commonwealth; and
(b) may be recovered by an action taken in a court of competent jurisdiction.
5 Paragraph 195B(1)(c)
After "135AA", insert "or 135AJ".
6 Transitional provision
(1) This item applies if:
(a) before the commencement of this item, a notice under section 135 of the unamended Copyright Act was in force in relation to goods; and
(b) before the commencement of this item, a deposit or security described in section 135AA of that Act was made or given to be applied towards the expenses of the Commonwealth incurred in relation to the goods under Division 7 of Part V of that Act; and
(c) after the commencement of this item, the CEO has been given a written undertaking described in subsection 135AA(1) of the amended Copyright Act to repay those expenses to the Commonwealth; and
(d) the undertaking is in force.
(2) On application in writing to the CEO by the objector or objectors concerned, the CEO must:
(a) if none of the deposit or security has been applied towards the expenses mentioned in paragraph (1)(b)--return the sum deposited or security to the person who gave it; or
(b) otherwise--refund the amount of the balance of the deposit or security to the person who gave it.
(3) In this item:
amended Copyright Act means the Copyright Act 1968 as in force immediately after the commencement of this item.
CEO means the Chief Executive Officer of Customs.
unamended Copyright Act means the Copyright Act 1968 as in force immediately before the commencement of this item.