Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:5_135af
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 5 cl 135AF
Character Range: 75403–76947

135AF  Release of seized copies to importer
 (1) The CEO must release seized copies to the importer if:
 (a) the objector gives written notice to the CEO stating that the objector consents to the release of the seized copies; and
 (b) the copies have not been disposed of under section 135AI.
 (2) The CEO may release seized copies to the importer at any time if:
 (a) the CEO, having regard to information that has come to his or her knowledge after the copies were seized, is satisfied that there are no reasonable grounds for believing that copyright has been infringed by the importation of the copies; and
 (b) the objector has not brought an action for infringement of copyright in relation to the copies.
 (3) The CEO must release seized copies to the importer if:
 (a) the importer has made a claim for the release of the copies; and
 (b) the objector has not, by the end of the action period:
 (i) instituted an action for infringement of copyright in relation to the copies; and
 (ii) given the CEO written notice of that action.
 (4) The CEO must release seized copies to the importer if:
 (a) the importer has made a claim for the release of the copies; and
 (b) an action for infringement of copyright has been instituted in relation to the copies; and
 (c) at the end of a period of 20 working days 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.
 (5) This section has effect subject to section 135AH.