Copyright (Border Protection) Amendment Regulations 2003, New Zealand

2003/212

Copyright (Border Protection) Amendment Regulations 2003

Pursuant to section 234 of the Copyright Act 1994, Her Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title Page 1

2 Commencement 1 3

4

New regulation 8 added 8 Disposal of forfeited goods New Schedule substituted

1 2 2

Schedule 2 New Schedule substituted

1 Title (1) These regulations are the Copyright (Border Protection)

Amendment Regulations 2003. (2) In these regulations, the Copyright (Border Protection)

Regulations 1994 1 are called “the principal regulations”.

2 Commencement These regulations come into force on 29 September 2003.

3 New regulation 8 added The principal regulations are amended by adding the following regulation:

1 SR 1994/309

1

r 4 Copyright (Border Protection) Amendment

Regulations 2003 2003/212

“8 “(1)

Disposal of forfeited goods Pirated copies forfeited to the Crown under section 141A of the Act must be sold, destroyed, or otherwise disposed of in the manner that the Chief Executive directs.

“(2) However, the Chief Executive must not direct a step to be taken under subclause (1) without first having regard to the need to ensure that the step to be taken does not adversely af­ fect the owner of the copyright in the work or the owner’s li­ censee.”

4 New Schedule substituted The principal regulations are amended by revoking the Sched­ ule, and substituting the Schedule set out in the Schedule of these regulations.

Schedule r 4 New Schedule substituted

Schedule r 3 Form of notice under section 136(1) of

Copyright Act 1994 Notice requesting detention of pirated copies

2

Copyright (Border Protection) Amendment 2003/212 Regulations 2003 Schedule

Schedule—continued

3

Copyright (Border Protection) Amendment Explanatory note Regulations 2003 2003/212

Schedule—continued

Marie Shroff, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 29 September 2003, give the Chief Executive of the New Zealand Customs Service the power to dispose of pirated copies that have been forfeited to the Crown with the consent of the importer or the consignee of the goods under section 141A of the Copyright Act 1994.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 28 August 2003.

4