Copyright Regulations 1913 (Amendment)

Legislation au C1936L00123 Regulations Not in force Legislative Instrument

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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 Declarations Act 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 copyright now 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.

Overview

The Statutory Rules 1936 No. 123, titled "Regulations Under the Copyright Act 1912-1935," were enacted by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were introduced to address the need for more detailed procedures concerning the detention and forfeiture of copies of works that infringe upon copyright under the Copyright Act 1912-1935. The primary objective of these regulations is to provide a formal and structured process for copyright owners or their agents to notify the Comptroller-General of Customs about suspected infringing goods, ensuring that appropriate actions can be taken to protect intellectual property rights. The regulations amend the Copyright Regulations 1913 by introducing a new Part Ia, which outlines the procedures for the detention and forfeiture of infringing copies. This includes the form and content of notices to be given to the Comptroller-General of Customs, the requirement for further information and evidence upon request, and the conditions under which goods may be detained or delivered. Additionally, the regulations mandate that copyright owners or their agents provide an undertaking and bond to cover expenses and damages incurred during the detention process.

Scope and Application

The Regulations under the Copyright Act 1912-1935, introduced through Statutory Rules 1936, No. 123, specifically address the procedures for detaining and forfeiting copies of works that infringe copyright. These regulations apply to any person who is either the owner of a copyright in a work or an agent acting on behalf of such an owner. The primary focus is on the detention of imported goods suspected of infringing copyright. The regulations establish the requirement for the owner or agent to provide written notice to the Comptroller-General of Customs, detailing the work and the infringing goods. This notice must be made in accordance with the prescribed forms O or P, which detail the particulars of the work and the goods in question. Additionally, the owner or agent may be required to furnish further information and evidence, verified by statutory declaration if necessary, and to deposit a sum of money to cover examination expenses. If the Collector of Customs determines that there is no ground for detention, the goods may be released. The regulations also impose obligations on the owner or agent to provide an undertaking to reimburse the Comptroller-General for any expenses and damages incurred during detention and any subsequent forfeiture proceedings. Failure to comply with these requirements may result in the refusal to detain the goods. These regulations extend to the entire Commonwealth of Australia, ensuring a consistent approach to the management of copyright infringements across all states and territories.

Key Provisions

The primary operative sections of these regulations pertain to the procedures for detaining and forfeiting copies that infringe on copyright under the Copyright Act 1912-1935 (section 36a). Owners or their agents must submit a written notice to the Comptroller-General of Customs in either Form O or Form P, as required, and provide detailed information about the copyrighted work, including its title, description, author's name, publication date, and the circumstances of the importation (section 36a). They must also furnish any further information requested by the Comptroller-General, verified by statutory declaration if necessary (section 36b). If the Collector of Customs requests it, the noticer must deposit a sum of money to cover potential examination expenses (section 36c). The Collector can direct the delivery of the goods if no infringement is found (section 36d). The Comptroller-General may also require the noticer to provide an undertaking to reimburse all detention and forfeiture expenses, accompanied by a bond with two approved sureties (section 36e). These regulations impose several obligations on parties involved in the importation of potentially infringing goods. Owners or their agents must provide a written notice to the Comptroller-General of Customs, ensuring it adheres to the specified forms and includes all necessary details about the copyrighted work and the importation (section 36a). They must be prepared to supply additional information as requested and verified by statutory declaration (section 36b). If the Collector of Customs deems it necessary, they must deposit a sum to cover potential examination costs (section 36c). They also have the responsibility to provide an undertaking and bond to cover all expenses and damages related to detention and forfeiture proceedings (section 36e). The regulations establish specific consequences and penalties for non-compliance. Providing false information in a statutory declaration is an indictable offence, punishable by imprisonment for up to four years (section 36a). Failure to furnish an undertaking and bond when required by the Comptroller-General may result in the refusal to detain the goods and their subsequent delivery (section 36e). These provisions ensure compliance and the protection of copyright holders’ interests under the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.