Commonwealth Numbered Acts

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 149 of 1994 - SECT 8

8. Section 135 of the Principal Act is amended:

   (a)  by omitting subsections (2), (3), (4), (5), (6) and (7) and
        substituting:

"(2) A person may give the Comptroller-General 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) When a notice is given under subsection (2), any prescribed document must
be given with the notice.



"(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), a notice under subsection (2)
remains in force until:

   (a)  the end of the period of 2 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 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.



"(7) If:

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

   (b)  the notice has not been withdrawn; and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 the control of the Customs within the
        meaning of the Customs Act 1901; the Comptroller-General may seize the
        copies.";

   (b)  by adding at the end of each of paragraphs (8)(a) and (b) "and";

   (c)  by omitting paragraphs (8)(d) and (e);

   (d)  by omitting from subsection (9) "printed copies of published literary,
dramatic or musical works" and substituting "copies of copyright material";

   (e)  by adding at the end:

"(10) This section does not apply to the importation into Australia of copies
of books whose importation, by virtue of section 44A or 112A, does not
constitute an infringement of copyright.".