Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:5_6
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 5 cl 6
Character Range: 136035–137386

6  Transitional provision

(1) This item applies if:
 (a) before the commencement of this item, a notice under section 135 of the unamended Copyright Act was in force in relation to goods; and
 (b) before the commencement of this item, a deposit or security described in section 135AA of that Act was made or given to be applied towards the expenses of the Commonwealth incurred in relation to the goods under Division 7 of Part V of that Act; and
 (c) after the commencement of this item, the CEO has been given a written undertaking described in subsection 135AA(1) of the amended Copyright Act to repay those expenses to the Commonwealth; and
 (d) the undertaking is in force.

(2) On application in writing to the CEO by the objector or objectors concerned, the CEO must:
 (a) if none of the deposit or security has been applied towards the expenses mentioned in paragraph (1)(b)—return the sum deposited or security to the person who gave it; or
 (b) otherwise—refund the amount of the balance of the deposit or security to the person who gave it.

(3) In this item:
amended Copyright Act means the Copyright Act 1968 as in force immediately after the commencement of this item.
CEO means the Chief Executive Officer of Customs.
unamended Copyright Act means the Copyright Act 1968 as in force immediately before the commencement of this item.