53Seizure of copies of works etc. imported into certain external Territories—subsection 135(9) of the Act

#### 53 Seizure of copies of works etc. imported into certain external Territories—subsection 135(9) of the Act Application of this section (1) For the purposes of subsection 135(9) of the Act, this section applies in relation to the importation into any of the following Territories, from a place other than Australia, of copies of copyright material: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. > Note: For this purpose, Australia includes the external Territories, as it does under section 10 of the Act. Laws that apply in relation to importation (2) The following provisions (the applied provisions) apply, with the modifications described in subsection (3), in relation to the importation: (a) Division 7 of Part V of the Act, except: (i) the definition of Comptroller‑General of Customs in section 134B; and (ii) subsections 135(1), (2), (3), (6), (6A), (8) and (9); (b) sections 50, 51 and 54 of this instrument. Modifications of applied provisions (3) The applied provisions apply in relation to the importation into the Territory as if: (a) a reference in the applied provisions to Australia were a reference to the Territory; and (b) a reference in the applied provisions to a notice under subsection 135(2) (however described) or a notice given under section 135 were a reference to a notice given under subsection 135(2) of the Act applying apart from this section; and (c) a reference in the applied provisions to the Comptroller‑General of Customs had the same meaning as it has in the Customs Act 1901 as it applies in the Territory because of an Ordinance of the Territory; and (d) a reference (however expressed) in subsection 135(5) or paragraph 135(7)(b) of the Act to revocation or declaration of ineffectiveness of a notice under subsection 135(2) of the Act were a reference to such a revocation or declaration under subsection 135(6) or (6A) of the Act applying apart from this section; and (e) a reference in paragraph 135(7)(d) of the Act to the Customs Act 1901 were a reference to the Customs Act 1901 as it applies in the Territory because of an Ordinance of the Territory; and (f) a reference in subsection 135AJ(1) or (3) to copies covered by a notice under section 135 were a reference to copies of copyright material that were imported into the Territory and could be or were seized on the basis of the notice. > Note 1: These modifications mean only one notice objecting to importation need be given as a basis for seizing copies imported into any of the Territories or any other part of Australia. Likewise, a single revocation or declaration of ineffectiveness of the notice stops seizure of imports of copies to which the notice related into any of the Territories or any other part of Australia. > Note 2: The Norfolk Island Customs Ordinance 2016 applies the Customs Act 1901 in Norfolk Island and treats a reference in that Act (as so applying) to the Comptroller‑General of Customs as having the same meaning as it has in that Act as it applies of its own force. > Note 3: The Customs Ordinance 1993 of each of the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands applies the Customs Act 1901 in the Territory and treats a reference in that Act (as so applying) to the Comptroller‑General of Customs as a reference to the Comptroller of the Indian Ocean Territories Customs Service appointed under that Ordinance.