Copyright Act 1994

140 Detention of pirated copy

• (1) Where the chief executive has formed an opinion that an item that has been imported and that is in the control of the Customs may be a pirated copy to which a notice accepted under section 136(3)(a) relates, that item shall be detained in the custody of the chief executive or any Customs officer until—

  • (a) the chief executive is served with an order made in proceedings under section 141(1) that the notice be discharged; or

  • (b) the chief executive is served with an order made in proceedings under section 141(2) that the item be released; or

  • (c) any proceedings under section 141(3) in respect of that item (including any appeal) are determined by a decision that the item is not a pirated copy that has been imported other than for private and domestic use; or

  • (d) any proceedings under section 141(3) in respect of that item, including any appeal, are abandoned; or

  • (e) 10 working days have elapsed since notice was served under section 139 and the chief executive has not been served with notice of proceedings brought under section 141(3) by a person other than the importer or consignee;—

  whereupon the item shall, subject to subsection (3), be released to the person entitled to it.

  (2) The chief executive may in any particular case extend the period referred to in subsection (1)(e) to 20 working days if he or she considers it appropriate to do so in all the circumstances.

  (3) The chief executive or any Customs officer shall not release any item under subsection (1) unless—

  • (a) any other legal requirements as to importation of the item are satisfied; and

  • (b) any requirements made pursuant to any regulations made under this Act requiring the deposit of a security have been satisfied; and

  • (c) the release of the item is not otherwise contrary to law.

  Section 140: substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).