Document ID: chunk:federal_register_of_legislation:C2024C00854:section:135ac
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 135AC
Character Range: 491256–493630

135AC  Notice of seizure
 (1) As soon as is practicable after copies are seized under subsection 135(7), the Comptroller‑General of Customs must give to the importer and the objector, by any means of communication (including by electronic means), a notice (the seizure notice) identifying the copies and stating that the identified copies have been seized.
 (2) The seizure notice must state that the copies will be released to the importer if:
 (a) the importer makes a claim for the release of the copies within the claim period; 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 Comptroller‑General of Customs written notice of that action.
 (3) The seizure notice must also:
 (a) set out the claim period for the copies; and
 (b) set out the action period for the copies and state that the action period will begin only if the importer makes a claim for the release of the copies; and
 (c) if the notice is given to the objector—state the name and the address of the place of business or residence of the importer (if known), unless the Comptroller‑General of Customs is satisfied, for reasons of confidentiality, that it is not desirable to do so; and
 (d) if the notice is given to the importer—state the name and the address of the place of business or residence of:
 (i) the objector; or
 (ii) if the objector has nominated a person to be the objector's agent or representative for the purposes of this Division—that person;
  unless the Comptroller‑General of Customs is satisfied, for reasons of confidentiality, that it is not desirable to do so.
 (8) The Comptroller‑General of Customs may, at any time after the copies are seized, give to the objector:
 (a) the name, and the address of the place of business or residence, of any person or body (whether in or outside Australia) that made arrangements, on behalf of the importer, for the copies to be brought to Australia or any information that the Comptroller‑General of Customs has, and believes on reasonable grounds may help in identifying and locating such a person or body; and
 (b) any information (including personal information) that the Comptroller‑General of Customs has, and believes on reasonable grounds may be relevant for the purpose of identifying and locating the importer.