Page:Australian Copyright Act 1968 (63 of 1968).pdf/57

 No. 63 :(b) a reference to importation into Australia does not include a reference to importation from such a Territory.

(2.) The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Comptroller-General of Customs (in this section referred to as “the Comptroller-General”) stating―
 * (a) that he is the owner of the copyright in the work; and
 * (b) that he objects to the importation into Australia, during a period specified in the notice, of copies of the work to which this section applies.

(3.) A notice under the last preceding sub-section 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.) This section 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 Australia by the person who imported it into Australia, have constituted an infringement of the copyright in the work.

(5.) Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation of copies of the work to which this section applies into Australia for the purpose of—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 Australia for any such purpose, may be seized as forfeited to the Commonwealth.

(6.) Subject to the regulations, the Comptroller-General, or on appeal from him the Minister of State for Customs and Excise, may permit copies of a work that are liable to be or have been seized as forfeited under this section to be delivered to the owner or importer upon security being given to the satisfaction of the Comptroller-General that the copies will be forthwith exported from Australia.

(7.) The provisions of the Customs Act 1901–1968 apply to the seizure and forfeiture under this section of copies of a work to which this section applies as if the copies were prohibited imports for the purposes of that Act.