Copyright Act 1994

137 Determination whether item is pirated copy

• (1) Where—

  • (a) a notice that has been accepted under section 136(3)(a) is in force; and

  • (b) the chief executive forms the opinion that any item that has been imported and that is in the control of the Customs may be a pirated copy to which the notice relates,—

  the chief executive may conduct such investigation as he or she considers necessary in order to establish whether or not the item appears to be a pirated copy to which the notice relates.

  (2) Where the chief executive conducts an investigation, he or she may, subject to section 138, require—

  • (a) the claimant; or

  • (b) any other person appearing to the chief executive to have an interest in the item—

  to supply such information as the chief executive may specify for the purpose of the investigation, within 10 working days of being required to do so.

  (3) Whether or not the chief executive conducts any investigation, he or she must, within a reasonable period of forming an opinion under subsection (1), make a determination whether or not the item appears to be a pirated copy to which the notice relates.

  (4) Nothing in this section applies to an item that has been imported for private and domestic use.

  Section 137: substituted, on 28 July 1997, by section 2 of the Copyright Amendment Act 1997 (1997 No 38).