Copyright Regulations 1913 (Amendment) (Cth)

STATUTORY RULES.

1936. No. 123.

REGULATIONS UNDER THE COPYRIGHT ACT 1912-1935.*

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Copyright Act 1912-1935.

Dated this ninth day of September, 1936.

By His Excellency’s Command,

Attorney-General.

 

Amendment of the Copyright Regulations 1913.

Parts.

1. Regulation 2 of the Copyright Regulations 1913 is amended by inserting, after the words “Part I.—General.”, the words “Part Ia.—Detention and Forfeiture of Copies infringing Copyright.”.

2. After regulation 36 of the Copyright Regulations 1913, the following Part is inserted:—

“Part Ia.—Detention and Forfeiture of Copies Infringing Copyright.

Form of notice to be given.

“36a. The notice in writing to be given to the Comptroller-General of Customs under sub-section (1.) of section ten of the Act by the owner or the agent of the owner of the copyright in any work in which copyright subsists shall be in accordance with such one of the Forms O and P in the Second Schedule, as the Comptroller-General of Customs requires, or as near to that Form as circumstances permit.

Comptroller General may require fuller information.

“36b. The person giving a notice under this Part whether as owner or agent, shall, if required in writing by the Comptroller-General of Customs so to do, give to the Comptroller-General in writing such further and fuller information and evidence relating to the work (or works) specified in the notice, verified if so required by statutory declaration, as the Comptroller-General specifies.

Deposit in case of a particular importation.

“36c. Any person who has given notice, in accordance with Form O or Form P in the Second Schedule, whether as owner or as agent, shall, if so required by the Collector of Customs, deposit with the Collector a sum of money sufficient, in the opinion of the Collector, to cover any expense which may be incurred in the examination of the goods to which the notice refers.

 

*Notified in the Commonwealth Gazette on , 1936.

  Statutory Rules 1913, No. 338, as amended by Statutory Rules 1934, No. 78.

4424.―6/2.9.1936.—Price 3d.

 

Collector may direct that goods be delivered.

“36d. If, upon the examination of any goods referred to in a notice in accordance with Form P in the Second Schedule, the Collector is satisfied that there is no ground for detention, he may direct that the goods be delivered.

Undertaking and bond to be given.

“36e.—(1.) The Comptroller-General of Customs may require any person who has given notice in pursuance of section ten of the Act to give an undertaking to reimburse the Comptroller-General all expenses and damages incurred in respect of the detention and of any proceedings for forfeiture subsequently taken, and may also require him to enter into a bond with two approved sureties in such form and for such amount as the Comptroller-General requires.

(2.) If any person fails to furnish an undertaking and bond when required by the Comptroller General under the last preceding subsection so to do, the Comptroller-General may refuse to detain the goods referred to in the notice and they may be delivered.”.

3. After Form N in the Second Schedule, the following Forms are added:—

Copyright Act 1912-1935.

copyrights

Commonwealth of Australia.

“Form O.

GENERAL NOTICE UNDER SECTION 10 OF THE ACT.

To the Comptroller-General of Customs,

Canberra, F.C.T.

I, , of

being the owner [or agent of the owner] of the copyright in the work [or works] specified in the schedule hereto, hereby give you notice that copyright in the said work [or works] now subsists and that (a)

the owner of the copyright in the said work [or works], and that (b)

 desirous that copies of the said work [or works] made, printed or reprinted out of the Commonwealth shall not be imported into the Commonwealth.

Dated the day of , 19

(Signature) (c)

Schedule.

Title of work (if any)—

Full description of work—

Full name of author or authors—

Whether author or authors alive—

If not, date of death—

When and where work first published—

Statutory Declaration.

I, , of ,

do solemnly and sincerely declare that the contents of this notice are true and correct in every particular, and I make this solemn declaration by virtue of the Statutory DeclarationsAct 1911, conscientiously believing the statements therein contained to be true in every particular.

Declared at the day of , 19 .

Before me—

 

Note.—A Statutory Declaration may be made before a Police, Stipendiary or Special Magistrate, or a Justice of the Peace, Commissioner for Affidavits, Commissioner for Declarations, or Notary Public.

 

Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

 

(a) If notice is given by the owner, insert ‘I am’; if given by an agent, insert name of owner and the word “is”.

(b) ‘I am’ or ‘he is’, as the case requires.

(c) If an agent, insert ‘Agent of owner’.

 

“Form P.

 

copyrights

 

Commonwealth of Australia.

Copyright Act 1912-1935.

NOTICE UNDER SECTION 10 OF THE ACT RELATING TO A PARTICULAR

IMPORTATION.

To the Comptroller General of Customs,

(Canberra, F.C.T.)

I, , of ,

hereby give you notice—

That I am the owner [or agent of the owner] of the copyright in a certain work as to which copyrightnow subsists under the Copyright Act 1912-1935;

That the undermentioned goods, that is to say [here describe the goods, number of packages, marks used, and any other particulars necessary for their identification] are about to be imported into the Port of on or about the day of next in the [here insert name of ship]; and

That the said goods are liable to detention and forfeiture as being [state here if the goods are copies of the original work made out of the Commonwealth or how otherwise the goods are liable to detention and forfeiture];

And I request that the said goods may be detained and dealt with accordingly, and I hereby undertake to reimburse the Comptroller-General of Customs all expenses and damages to be incurred in respect of the detention and of any proceedings for forfeiture which may subsequently be taken.

Dated this day of , 19 .

(Signature.) [If an agent insert ‘agent

of owner’]”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.