This page has been proofread, but needs to be validated.
COPYRIGHT
227


“senior customs officer”—

(a) means a senior officer of customs as defined in section 3(1) of the Customs Act; and
(b) includes a person appointed under section 366(2).

Interpretation: what are infringing goods

330. In this Division, “infringing goods” means—

(a) goods that are or incorporate infringing copies of any of the following works:
(i) an authorial work;
(ii) a published edition of an authorial work;
(iii) a sound recording;
(iv) a film;
(v) a broadcast; or
(b) goods that are or incorporate infringing copies of a protected performance.

Infringement actions to which this Division applies

331. In this Division, “infringement action”, in relation to seized goods, means an action—

(a) for a rights infringement constituted by the importation or making of the seized goods; and
(b) brought by any person who is entitled to bring the action.

Subdivision (2)—Seizure on request

Request to seize

332.—(1) A person may request the Director-General to seize goods if—

(a) the person suspects that the goods are infringing goods of which the person is—
(i) a rights owner; or