Copyright Act · 2006 Revised Edition · Part V · Remedies for Infringements of Copyright
140H. Compulsory release of seized copies to importer
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The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period —
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act;
instituted an action for infringement of the relevant copyright in respect of the copies; and
given written notice to the Director-General stating that the action has been instituted.
For the purpose of subsection (1), the retention period for seized copies is —
the period specified in a notice given under section 140E in respect of the copies; or
if that period has been extended under section 140E, that period as so extended.
If —
an action for infringement of copyright has been instituted in respect of seized copies; and
at the end of the period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies,the Director-General shall release the copies to the importer.
If the objector gives written notice to the Director-General stating that he consents to the release of the seized copies, the Director-General shall release the copies to the importer.
objector
“objector”, in relation to particular seized copies, means the person who gave the notice under section 140B(1) as a result of the giving of which the copies were seized;
This section shall have effect subject to section 140J. [Aust. 1968, s. 135AF]