Page:Australian Copyright Act 1968 (63 of 1968).pdf/99

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No. 63
Copyright
1968

knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.

Division 4.—Miscellaneous.

Actions for infringement. 226. Section 115 of this Act does not apply to an infringement of copyright under the Copyright Act, 1911 and does not affect any proceedings under that Act, whether instituted before or after the commencement of this Act.

Infringing copies. 227. Section 116 of this Act does not apply in relation to an article made, or imported into Australia, before the commencement of this Act, but, notwithstanding sub-section (1.) of section 5 of this Act, proceedings may, subject to the Copyright Act, 1911, be brought or continued by virtue of section 7 of that Act in relation to such an article and may be so brought or continued although the proceedings relate to the conversion or detention of the article after the commencement of this Act.

Actions where copyright subject to exclusive licence. 228. Division 3 of Part V. does not apply in relation to a licence granted before the commencement of this Act and does not affect any proceedings under the Copyright Act, 1911, whether instituted before or after the commencement of this Act,

Offences and summary proceedings. 229. For the purposes of Division 5 of Part V., the definition of “infringing copy” in section 10 of this Act applies as if any reference in that definition to copyright included a reference to copyright under the Copyright Act, 1911.

Limitation of actions. 230. Section 134 of this Act does not apply in relation to an infringement of copyright under the Copyright Act, 1911 or to an article made, or imported into Australia, before the commencement of this Act.

Restriction of importation of printed copies of works. 231. Where—

(a) before the date of commencement of this Act, a notice had been given in respect of a work under section 10 of the Copyright Act 1912 or of that Act as amended; and
(b) that notice had not been withdrawn, and had not otherwise ceased to have effect, before that date,

the notice has, during the period of six months commencing on that date, such effect (if any) as it would have if it had been duly given in accordance with section 135 of this Act.

References and applications to Tribunal in relation to licence schemes.

232.—(1.) Part VI. applies in relation to licence schemes formulated before the date of commencement of this Act in like manner as it applies in relation to licence schemes formulated on or after that date, but, for