Copyright Act · 2006 Revised Edition · Part V · Remedies for Infringements of Copyright
120. Order for delivery up of infringing copies, etc.
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Subject to the provisions of this Act, the court may, in addition to any relief granted under section 119 in any action for an infringement of copyright brought under that section, order any infringing copy, or any article which has been used for making infringing copies, in the possession of the defendant or before the court to be delivered up to the plaintiff.
action
“action” means a proceeding of a civil nature between parties, and includes a counterclaim.(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.[Aust. 1968, s. 114] In this Part,
No order shall be made under this section unless the court also makes, or it appears to the court that there are grounds for making, an order under section 120A.
A person to whom an infringing copy or other object is delivered up pursuant to an order made under this section shall, if an order under section 120A is not made, retain the copy or object pending the making of an order, or the decision not to make an order, under section 120A. [Aust. 1968, s. 133 (4)]
copy
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;