(1) An account holder may challenge an infringement notice by sending a challenge, in the prescribed form, to the IPAP that issued the infringement notice.
(2) A challenge is not valid if it is received more than 14 days after the date of the infringement notice to which it relates.
(3) An IPAP that receives a valid challenge to an infringement notice must immediately forward it to the relevant rights owner.
A warning notice is issued on Monday, 1 March. A challenge sent before the close of Monday, 15 March is valid and must be forwarded to the rights owner. A challenge received on or after Tuesday, 16 March is not valid.
(4) If the rights owner rejects the challenge,—
(a) it must send to the IPAP a response setting out the rejection and the reasons for it; and
(b) the IPAP must immediately forward the response to the account holder.
(5) If a challenge is rejected, it may be raised again by the account holder in any enforcement proceedings.
Section 122G: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).