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Contents

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM0

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 18/04/2014, you requested the version in force on 18/04/2014 incorporating all amendments published on or before 18/04/2014. The closest version currently available is that of 07/03/2014.
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PART V
REMEDIES FOR INFRINGEMENTS OF COPYRIGHT
Division 1 — Preliminary
Interpretation of this Part
118.
—(1)  In this Part, “action” means a proceeding of a civil nature between parties, and includes a counterclaim.
(2)  In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.
[Aust. 1968, s. 114]
Division 2 — Actions by Owner of Copyright
Actions for infringement
119.
—(1)  Subject to the provisions of this Act, the owner of a copyright may bring an action for an infringement of the copyright.
(2)  Subject to the provisions of this Act, in an action for an infringement of copyright, the types of relief that the court may grant include the following:
(a)
an injunction (subject to such terms, if any, as the court thinks fit);
(b)
damages;
(c)
an account of profits;
(d)
where the plaintiff has elected for an award of statutory damages in lieu of damages or an account of profits, statutory damages of —
(i)
not more than $10,000 for each work or subject-matter in respect of which the copyright has been infringed; but
(ii)
not more than $200,000 in the aggregate, unless the plaintiff proves that his actual loss from such infringement exceeds $200,000.
[52/2004]
(2A)  When the court awards any damages under subsection (2)(b), the court may also make an order under subsection (2)(c) for an account of any profits attributable to the infringement that have not been taken into account in computing the damages.
[52/2004]
(2B)  Except as provided for in subsection (2A), the types of relief referred to in subsection (2)(b), (c) and (d) are mutually exclusive.
[52/2004]
(2C)  For the purposes of subsection (2)(d), all the parts of a collective work constitute one work.
[52/2004]
(3)  Where, in an action for infringement of copyright, it is established that an infringement was committed but it is also established that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.
(4)  Where, in an action under this section —
(a)
an infringement of copyright is established; and
(b)
the court is satisfied that it is proper to do so, having regard to —
(i)
the flagrancy of the infringement;
(ii)
any benefit shown to have accrued to the defendant by reason of the infringement; and
(iii)
all other relevant matters,
the court may, in assessing damages for the infringement under subsection (2)(b), award such additional damages as it considers appropriate in the circumstances.
[52/2004]
(5)  In awarding statutory damages under subsection (2)(d), the court shall have regard to —
(a)
the nature and purpose of the infringing act, including whether the infringing act was of a commercial nature or otherwise;
(b)
the flagrancy of the infringement;
(c)
whether the defendant acted in bad faith;
(d)
any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement;
(e)
any benefit shown to have accrued to the defendant by reason of the infringement;
(f)
the conduct of the parties before and during the proceedings;
(g)
the need to deter other similar infringements; and
(h)
all other relevant matters.
[52/2004]
(6)  In this section —
“collective work” means a work in which relevant materials, constituting separate and independent works in themselves, are assembled into a collective whole;
“relevant material” has the same meaning as in section 7A(3).
[52/2004]
[Aust. 1968, s. 115]
Order for delivery up of infringing copies, etc.
120.
—(1)  Subject to the provisions of this Act, the court may, in addition to any relief granted under section 119 in any action for an infringement of copyright brought under that section, order any infringing copy, or any article which has been used for making infringing copies, in the possession of the defendant or before the court to be delivered up to the plaintiff.
[6/98; 38/99; 52/2004]
(2)  No order shall be made under this section unless the court also makes, or it appears to the court that there are grounds for making, an order under section 120A.
[6/98]
(3)  A person to whom an infringing copy or other object is delivered up pursuant to an order made under this section shall, if an order under section 120A is not made, retain the copy or object pending the making of an order, or the decision not to make an order, under section 120A.
[6/98]
[Aust. 1968, s. 133 (4)]
Order for disposal of infringing copies, etc.
120A.
—(1)  An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order made under section 120 be —
(a)
forfeited to the plaintiff; or
(b)
destroyed or otherwise dealt with as the court thinks fit.
[6/98]
(2)  In considering what order, if any, should be made under this section, the court shall have regard to —
(a)
whether other remedies available in an action for infringement of copyright would be adequate to compensate the plaintiff and to protect the interests of the plaintiff; and
(b)
the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the plaintiff.
[6/98]
(3)  The court shall issue directions as to the service of notice on persons having an interest in the copy or other object.
[6/98]
(4)  Any person having an interest in the copy or other object is entitled —
(a)
to appear in proceedings for an order under this section, whether or not that person is served with notice; and
(b)
to appeal against any order made, whether or not that person appears in the proceedings.
[6/98]
(5)  An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
[6/98]
(6)  Where there is more than one person interested in a copy or other object, the court may direct that the copy or object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.
[6/98]
(7)  If the court decides that no order should be made under this section, the person in whose possession the copy or other object was before being delivered up shall be entitled to its return, and the court may order the defendant to pay to the plaintiff such damages as the court thinks just and equitable.
[6/98]
Division 3 — Proceedings where Copyright is subject to Exclusive Licence
Interpretation of this Division
121.  In this Division —
“if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to conditions corresponding as nearly as practicable with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorised by the licence, of the acts so authorised;
“the other party” means —
(a)
in relation to the owner of the copyright — the exclusive licensee; and
(b)
in relation to the exclusive licensee — the owner of the copyright.
[Aust. 1968, s. 117]
Application
122.  This Division shall apply to proceedings in relation to a copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.
[Aust. 1968, s. 118]
Rights of exclusive licensee
123.  Subject to this Division, the exclusive licensee shall, except against the owner of the copyright, have the same rights of action as the owner of the copyright would have, and be entitled to the same remedies as he would be entitled to, by virtue of sections 119, 120 and 120A if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under those sections.
[38/99]
[Aust. 1968, s. 119]
Joinder of owner or exclusive licensee as party
124.  Where —
(a)
an action is brought by the owner of the copyright or by the exclusive licensee; and
(b)
the action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section,
the owner or licensee, as the case may be, shall be entitled to proceed with the action without joining the other party as a plaintiff or adding the other party as a defendant in the action, unless the court orders otherwise.
[52/2004]
[Aust. 1968, s. 120 (1)]
Defences available against exclusive licensee
125.  In an action brought by the exclusive licensee by virtue of this Division, a defence under this Act that would have been available to a defendant in the action if the action had been brought by the owner of the copyright shall be available to that defendant as against the exclusive licensee.
[Aust. 1968, s. 121]
Assessment of damages where exclusive licence granted
126.  Where an action to which section 124 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages or statutory damages in respect of an infringement of a kind referred to in that section, shall —
(a)
if the plaintiff is the exclusive licensee — take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and
(b)
whether the plaintiff is the owner of the copyright or the exclusive licensee — take into account any pecuniary remedy already awarded to the other party under section 119 in respect of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires.
[52/2004]
[Aust. 1968, s. 122]
Apportionment of profits between owner and exclusive licensee
127.  Where —
(a)
an action, insofar as it is brought under section 119, relates, in whole or in part, to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section; and
(b)
in that action, whether the owner of the copyright and the exclusive licensee are both parties or not, an account of profits is directed to be taken in respect of that infringement,
then, subject to any agreement of which the court is aware by which the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them in such a manner as the court considers just and shall give such directions as the court considers appropriate for giving effect to that apportionment.
[Aust. 1968, s. 123]
Separate actions in relation to the same infringement
128.  In an action brought by the owner of the copyright or by the exclusive licensee —
(a)
a judgment or order for the payment of damages or statutory damages in respect of an infringement of copyright shall not be given or made under section 119 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and
(b)
a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or statutory damages or directing an account of profits under that section in respect of the same infringement.
[52/2004]
[Aust. 1968, s. 124]
Liability for costs
129.  Where, in an action to which section 124 applies, whether brought by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or at a later time), but is added as a defendant, the other party is not liable for any costs in the action unless he enters an appearance and takes part in the proceedings.
[Aust. 1968, s. 125]
Division 4 — Proof of Facts in Copyright Proceedings
Presumptions as to subsistence and ownership of copyright
130.
—(1)  In an action brought by virtue of this Part —
(a)
copyright shall be presumed to subsist in the work or other subject-matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject-matter; and
(b)
where the subsistence of the copyright is established — the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership.
(1A)  Where the defendant puts in issue the question of whether copyright subsists in the work or other subject-matter or whether the plaintiff is the owner of the copyright, but does not satisfy the court that he does so in good faith, the presumption as to the subsistence or ownership of copyright under subsection (1)(a) or (b), as the case may be, shall apply notwithstanding that the defendant puts that question in issue.
[52/2004]
(1B)  Where the defendant, in good faith, puts in issue the question of whether copyright subsists in the work or other subject-matter or whether the plaintiff is the owner of the copyright, an affidavit made on behalf of the plaintiff in which the plaintiff makes assertions of facts relevant to showing —
(a)
that copyright subsists in the work or other subject-matter; and
(b)
that he is the owner of the copyright,
shall be admitted in evidence and shall be prima facie proof of the matters stated therein until the contrary is proved, unless the court directs that oral evidence be adduced to prove those matters.
[52/2004]
(2)  Where a defendant, without good faith, puts in issue the questions of whether copyright subsists in a work or other subject-matter to which the action relates, or the ownership of copyright in such work or subject-matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not be allowed to him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties.
[Aust. 1968, s. 126]
Presumptions in relation to authorship of work
131.
—(1)  Where a name purporting to be that of the author of a literary, dramatic, musical or artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the person whose name so appeared, if it was his true name or a name by which he was commonly known, shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the author of the work and to have made the work in circumstances to which section 30(4), (5) and (6) does not apply.
(2)  Where a work is alleged to be a work of joint authorship, subsection (1) shall apply in relation to each person alleged to be one of the authors of the work as if references in that subsection to the author were references to one of the authors.
(3)  Where, in an action brought by virtue of this Part in relation to a photograph —
(a)
it is established that, at the time when the photograph was taken, a person was the owner of the material on which the photograph was taken or, if the ownership of that material as at that time is not established, that a person was the owner of the apparatus by which the photograph was taken; or
(b)
neither the ownership as at the time when the photograph was taken of the material on which it was taken nor the ownership as at that time of the apparatus by which it was taken is established but it is established that, at the time of the death of a person, the photograph was owned by the person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of the person,
the person shall be presumed, unless the contrary is established, to have been the person who took the photograph.
[Aust. 1968, s. 127]
Presumptions in relation to publisher of work
132.  Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, section 131 does not apply, but it is established —
(a)
that the work was first published in Singapore and was so published during the period of 70 years that ended immediately before the commencement of the calendar year in which the action was brought; and
(b)
that a name purporting to be that of the publisher appeared on copies of the work as first published,
then, unless the contrary is established, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.
[21/2004]
[Aust. 1968, s. 128]
Presumptions where author has died
133.
—(1)  Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead —
(a)
the work shall be presumed to be an original work unless the contrary is established; and
(b)
if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.
(2)  Where —
(a)
a literary, dramatic, musical or artistic work has been published;
(b)
the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and
(c)
it is not established that the work has ever been published under the true name of the author, or under a name by which he was commonly known, or that the identity of the author is generally known or can be ascertained by reasonable inquiry,
subsection (1)(a) and (b) shall apply, in an action brought by virtue of this Part in relation to the work, in like manner as that subsection shall apply where it is established that the author is dead.
[Aust. 1968, s. 129]
Evidence in relation to proceedings
134.  In an action brought by virtue of this Part in relation to copyright in a sound recording, if records embodying the recording as supplied to the public bear a label or other mark stating —
(a)
that a person specified on the label or mark was the owner of copyright in the recording;
(b)
that the recording was first published in a specified year; or
(c)
that the recording was first published in a specified country,
the label or mark shall be sufficient evidence of the facts so stated except insofar as the contrary is established.
[6/98]
[Aust. 1968, s. 130]
Presumptions in relation to maker of film
135.  Where the name of a person appeared on copies of a cinematograph film as made available to the public in such a way as to imply that the person was the maker of the film and, in the case of a person other than a body corporate, that name was his true name or a name by which he was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which section 98(3) does not apply.
[Aust. 1968, s. 131]
Division 5 — Offences
Offences
136.
—(1)  A person who at a time when copyright subsists in a work —
(a)
makes for sale or hire;
(b)
sells or lets for hire, or by way of trade offers or exposes for sale or hire; or
(c)
by way of trade exhibits in public,
any article which he knows, or ought reasonably to know, to be an infringing copy of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
[6/98]
(2)  A person who at a time when copyright subsists in a work has in his possession or imports into Singapore any article which he knows, or ought reasonably to know, to be an infringing copy of the work for the purpose of —
(a)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
(b)
distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
(c)
by way of trade exhibiting the article in public,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for the article or for each article in respect of which the offence was committed or $100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years or to both.
[6/98]
(3)  Any person who, at a time when copyright subsists in a work, distributes, either —
(a)
for purposes of trade; or
(b)
for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,
articles which he knows, or ought reasonably to know, to be infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
(3A)  Where, at any time when copyright subsists in a work —
(a)
a person does any act that constitutes an infringement of the copyright in a work other than an act referred to in subsection (1), (2), (3) or (6);
(b)
the infringement of the copyright in the work by the person is wilful; and
(c)
either or both of the following apply:
(i)
the extent of the infringement is significant;
(ii)
the person does the act to obtain a commercial advantage,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
[52/2004]
(4)  A person who, at a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each such article in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years or to both.
[6/98]
(5)  Subsections (1) to (4) shall apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.
(6)  Any person who for his private profit causes a literary, dramatic or musical work to be performed in public, or causes a cinematograph film to be seen or heard or seen and heard in public, other than by the reception of a television broadcast or cable programme, where he knows, or ought reasonably to know, that copyright subsists in the work or cinematograph film and that the performance constitutes an infringement of the copyright, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(6A)  For the purposes of subsection (3A)(c)(i), in determining whether the extent of the infringement is significant, the court shall have regard to —
(a)
the volume of any articles that are infringing copies;
(b)
the value of any articles that are infringing copies;
(c)
whether the infringement has a substantial prejudicial impact on the owner of the copyright; and
(d)
all other relevant matters.
[52/2004]
(6B)  For the purposes of subsection (3A)(c)(ii), a person does an act for the purpose of obtaining a commercial advantage if the act is done to obtain a direct advantage, benefit or financial gain for a business or trade carried on by him.
[52/2004]
(7)  For the purposes of this section (other than subsection (3A)), any person who has in his possession 5 or more infringing copies of any work or other subject-matter shall, unless the contrary is proved, be presumed —
(a)
to be in possession of such copies otherwise than for private and domestic use; or
(b)
to be in possession of such copies for the purpose of sale.
[52/2004]
(8)  The court before which a person is charged with an offence by reason of a contravention of any of the provisions of this section may, whether he is convicted of the offence or not, order that any article that appears to the court to be an infringing copy or any article which has been used for making infringing copies in the possession of the alleged offender or before the court, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit.
[6/98; 38/99; 52/2004]
(9)  If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises any article or document which is evidence that an offence under subsection (1), (2), (3), (3A) or (4) has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises for the articles and documents which are specified in the warrant, whether specifically or in any general category, and to seize any such articles and documents found at the premises.
[52/2004]
(10)  If an article was seized under subsection (9) and —
(a)
in proceedings brought under this section, no order is made under subsection (8) as to the article; or
(b)
no such proceedings are instituted within 6 months of the seizure,
the article shall be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[6/98]
(11)  If a document was seized under subsection (9) and no proceedings under this section are instituted within 6 months of the seizure, the document and all copies of the document shall be returned to the person in whose possession the document was when it was seized or, if it is not reasonably practicable to return the document and copies to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities.
[6/98]
(12)  In this section —
“document” means anything in which information of any description is recorded;
“premises” includes any land, building, structure and conveyance.
[6/98]
[Aust. 1968, s. 132]
Affidavit evidence
137.
—(1)  An affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject-matter and stating —
(a)
that at the time specified therein, copyright subsisted in the work or other subject-matter;
(b)
that he or the person named therein is the owner of the copyright; and
(c)
that the copy of the work or other subject-matter annexed thereto is a true copy thereof,
shall be admitted in evidence in any proceedings for an offence under this Part and shall be prima facie proof of the matters stated therein until the contrary is proved.
(2)  The court before which such affidavit is produced shall presume that the affidavit was made by or on behalf of the owner of the copyright.
(3)  If an accused to any proceedings for an offence under this Part desires in good faith that the person who made an affidavit referred to in subsection (1) be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceedings unless the person appears as a witness for such cross-examination or the court before which the proceedings are being conducted, in its discretion, permits the affidavit to be used without the person so appearing.
[Aust. 1968, s. 134A]
Powers of police officer
138.
—(1)  Any police officer may arrest without warrant any person who, in any street or public place —
(a)
sells or exposes or offers for sale; or
(b)
has, or is reasonably suspected of having, in his possession for the purpose of selling or letting for hire,
any infringing copy of any work or other subject-matter.
(2)  Any authorised officer may, without a warrant issued under section 136(9) —
(a)
stop, search and board, whether forcibly or otherwise, any conveyance in which he reasonably suspects that there is any infringing copy of any work or other subject-matter; and
(b)
seize, remove or detain any such infringing copy and anything which appears to him —
(i)
to be or to contain; or
(ii)
to be likely to be or to contain,
evidence of an offence under this Act.
[52/2004]
(3)  In this section, “authorised officer” means —
(a)
a police officer;
(b)
an officer of customs as defined in the Customs Act (Cap. 70);
(c)
an immigration officer as defined in the Immigration Act (Cap. 133); or
(d)
any officer or class or description of officers appointed by the Minister, by notification in the Gazette, to exercise the powers and perform the duties conferred and imposed on an authorised officer by this section.
[52/2004]
Advertisement for supply of infringing copies of computer programs
139.
—(1)  Any person who, by any means, publishes, or causes to be published, in Singapore an advertisement for the supply in Singapore (whether from within or outside Singapore) of a copy of a computer program which is an infringing copy shall, unless he proves that he acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed, be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)  For the purposes of this section, a transmission of a computer program that, when received and recorded, will result in the creation of a copy of the computer program shall be deemed to constitute the supply of a copy of the computer program at the place where the copy will be created.
[Aust. 1968, s. 133A (as amended by Aust. Am. 1984, s. 6 and Aust. Am. 1986, s. 17)]
Court for trial of offences
140.  Notwithstanding the provisions of any written law to the contrary, a District Court or Magistrate’s Court shall have jurisdiction to try any offence under this Act and award the full punishment for such offence.
Division 6 — Border Enforcement Measures
Interpretation of this Division and Division 7
140A.  In this Division and Division 7, unless the context otherwise requires —
“aircraft” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“authorised officer” means —
(a)
an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Division and Division 7;
“copyright material” means —
(a)
a work;
(b)
a sound recording;
(c)
a cinematograph film;
(d)
a published edition of a work; or
(e)
a television or a sound broadcast as recorded in a cinematograph film or a sound recording;
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act;
“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;
“master” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“objector”, in relation to particular seized copies, means the person who gave the notice under section 140B(1) as a result of the giving of which the copies were seized;
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
“pilot of an aircraft” has the same meaning as in the Regulation of Imports and Exports Act;
“seized copies” means copies seized under section 140B(7);
“senior authorised officer” means —
(a)
a senior officer of customs as defined in section 3 of the Customs Act; and
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by Division 7;
“vehicle” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“vessel” has the same meaning as in the Regulation of Imports and Exports Act.
[6/98; 4/2003]
[Aust. 1968, s. 134B]
Restriction of importation of copies of works, etc.
140B.
—(1)  A person who is the owner of the copyright in any copyright material or a licensee thereof may give the Director-General a written notice —
(a)
stating that he is —
(i)
the owner of the copyright in the copyright material; or
(ii)
a licensee thereof having the power to give such a notice;
(b)
stating that copies of the copyright material which are infringing copies are expected to be imported;
(c)
providing sufficient information —
(i)
to identify the copies of the copyright material;
(ii)
to enable the Director-General to ascertain the time when and place where the copies are expected to be imported; and
(iii)
to satisfy the Director-General that the copies are infringing copies; and
(d)
stating that he objects to such importation.
[52/2004]
(2)  A notice given under subsection (1) shall be supported by such documents and information as may be prescribed in regulations.
[6/98]
(3)  Subject to subsection (4), this section shall apply to copies of copyright material made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright.
[6/98]
(4)  This section shall not apply to copies of copyright material which are goods in transit.
[6/98]
(5)  Unless it is revoked under subsection (6), a notice under subsection (1) shall remain in force until —
(a)
the end of the period of 60 days commencing on the day on which the notice was given; or
(b)
the end of the period for which the copyright in the copyright material to which the notice relates is to subsist,
whichever is the earlier.
[6/98]
(6)  A notice under subsection (1) may be revoked by written notice given to the Director-General by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.
[6/98]
(7)  If —
(a)
a notice has been given under this section in respect of copyright material;
(b)
the notice has not lapsed or been revoked; and
(c)
a person imports copies of the copyright material to which this section applies for the purpose of —
(i)
selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;
(ii)
distributing the copies for the purpose of trade;
(iii)
distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or
(iv)
by way of trade exhibiting the copies in public,
an authorised officer may seize the copies.
[6/98]
(8)  The Minister may make regulations to provide for —
(a)
the forms of notices under this section;
(b)
the times at which, and the manner in which, notices are to be given; and
(c)
the giving of information and evidence to the Director-General.
[6/98]
[Aust. 1968, s. 135]
Security for liability or expense of seizure
140C.  An authorised officer may refuse to seize copies under section 140B(7) unless —
(a)
the objector has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to reimburse the Government for any liability or expense it is likely to incur as a result of the seizure of the copies and pay such compensation as may be ordered by the court under section 140I(7) or 140IA(2); or
(b)
the objector has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense.
[6/98; 38/99]
[Aust. 1968, s. 135AA]
Secure storage of seized copies
140D.  Seized copies shall be taken to such secure place as the Director-General directs.
[6/98]
[Aust. 1968, s. 135AB]
Notice of seizure
140E.
—(1)  As soon as is practicable after copies are seized under section 140B(7), the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized.
[6/98]
(2)  A notice under subsection (1) shall state that the copies will be released to the importer unless —
(a)
an action for infringement of copyright in respect of the copies is instituted by the objector within a specified period from the day specified in the notice; and
(b)
the objector gives written notice to the Director-General within that period stating that the action for infringement of copyright has been instituted.
[6/98]
(3)  The period to be specified for the purposes of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
[6/98]
(4)  The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
[6/98]
(5)  The objector may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the retention period), request that the period be extended.
[6/98]
(6)  Subject to subsection (7), if —
(a)
a request is made in accordance with subsection (5); and
(b)
the Director-General is satisfied that it is reasonable that the request be granted,
the Director-General may extend the retention period by such period as is prescribed.
[6/98]
(7)  A decision on a request made in accordance with subsection (5) shall be made within 2 working days after the request is made, but such a decision cannot be made after the end of the retention period to which the request relates.
[6/98]
[Aust. 1968, s. 135AC]
Inspection, release, etc., of seized copies
140F.
—(1)  The Director-General may permit the objector or the importer to inspect the seized copies.
[6/98]
(2)  If the objector gives the Director-General the requisite undertakings, the Director-General may permit the objector to remove one sample of the seized copies from the custody of the Director-General for inspection by the objector.
[6/98]
(3)  If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove one sample of the seized copies from the custody of the Director-General for inspection by the importer.
[6/98]
(4)  The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)
return the sample copy to the Director-General at a specified time that is satisfactory to the Director-General; and
(b)
take reasonable care to prevent damage to the sample copy.
[6/98]
(5)  If the Director-General permits inspection of the seized copies, or the removal of a sample copy, by the objector in accordance with this section, the Director-General is not liable to the importer for any loss or damage suffered by the importer arising out of —
(a)
damage to any of the seized copies incurred during that inspection; or
(b)
anything done by the objector or any other person to, or in relation to, a sample copy removed from the custody of the Director-General or any use made by the objector of such a sample copy.
[6/98]
[Aust. 1968, s. 135AD]
Forfeiture of seized copies by consent
140G.
—(1)  Subject to subsection (2), the importer may, by written notice to the Director-General, consent to the seized copies being forfeited to the Government.
[6/98]
(2)  The notice shall be given before any action for infringement of copyright in relation to the copies is instituted.
[6/98]
(3)  If the importer gives such a notice, the copies are forfeited to the Government and shall be disposed of —
(a)
in the manner prescribed by the regulations; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
[6/98]
[Aust. 1968, s. 135AE]
Compulsory release of seized copies to importer
140H.
—(1)  The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period —
(a)
instituted an action for infringement of the relevant copyright in respect of the copies; and
(b)
given written notice to the Director-General stating that the action has been instituted.
[6/98]
(2)  For the purpose of subsection (1), the retention period for seized copies is —
(a)
the period specified in a notice given under section 140E in respect of the copies; or
(b)
if that period has been extended under section 140E, that period as so extended.
[6/98]
(3)  If —
(a)
an action for infringement of copyright has been instituted in respect of seized copies; and
(b)
at the end of the period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies,
the Director-General shall release the copies to the importer.
[6/98]
(4)  If the objector gives written notice to the Director-General stating that he consents to the release of the seized copies, the Director-General shall release the copies to the importer.
[6/98]
(5)  This section shall have effect subject to section 140J.
[6/98]
[Aust. 1968, s. 135AF]
Provision relating to actions for infringement of copyright
140I.
—(1)  In this section and section 140IA, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies.
[6/98; 38/99]
(2)  The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.
[6/98]
(3)  An authorised officer is entitled to be heard on the hearing of an infringement action.
[6/98]
(4)  In addition to any relief that may be granted apart from this section, the court may —
(a)
at any time, order that the seized copies be released to the importer subject to such conditions, if any, as the court thinks fit;
(b)
order that the seized copies not be released to the importer before the end of a specified period; or
(c)
order that the goods be forfeited to the Government.
[6/98]
(5)  A court may not make an order under subsection (4)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized copies.
[6/98]
(6)  The Director-General shall comply with an order made under subsection (4).
[6/98]
(7)  If —
(a)
the action is dismissed or discontinued, or the court decides that the relevant copyright was not infringed by the importation of the seized copies; and
(b)
a defendant to the infringement action satisfies the court that he has suffered loss or damage as a result of the seizure of the copies,
the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant.
[6/98; 38/99]
[Aust. 1968, s. 135AG]
Compensation for failure to take action
140IA.
—(1)  Where copies have been seized pursuant to a notice given under section 140B and the objector concerned fails to take infringement action within the retention period for the copies, a person aggrieved by such seizure may apply to the court for an order of compensation against the objector.
[38/99]
(2)  Where the court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the copies, the court may order the objector to pay compensation in such amount as the court thinks fit to the applicant.
[38/99]
(3)  For the purposes of subsection (1), the retention period for seized copies is —
(a)
the period specified in a notice given under section 140E in respect of the copies; and
(b)
if that period has been extended under section 140E, that period as so extended.
[38/99]
[Aust. 1968, s. 135AG (7)]
Retention of control of seized copies
140J.  Notwithstanding section 140H, in a case in which no order has been made under section 140I(4) in relation to seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies.
[6/98]
[Aust. 1968, s. 135AH]
Disposal of seized copies ordered to be forfeited
140K.  If a court orders that seized copies are to be forfeited to the Government, the copies shall be disposed of —
(a)
in the manner prescribed by the regulations; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
[6/98]
[Aust. 1968, s. 135AI]
Insufficient security
140L.
—(1)  If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of a court under this Division exceed the amount deposited, or the amount of the security given, under section 140C, the amount of the excess is a debt due to the Government.
[6/98]
(2)  The debt created by subsection (1) is due by the objector, or, if there are 2 or more objectors, by the objectors jointly and severally.
[6/98]
[Aust. 1968, s. 135AJ]
Detention of infringing copies
140LA.
—(1)  Notwithstanding section 140B(4), any authorised officer may —
(a)
detain any copies of copyright material —
(i)
that are imported into, or that are to be exported from, Singapore; and
(ii)
that are not goods in transit, unless the copies are consigned to any person with a commercial or physical presence in Singapore; or
(b)
examine any copies of copyright material, including goods in transit,
which he reasonably suspects are infringing copies of any copyright material.
[52/2004]
(2)  As soon as practicable after the copies of copyright material are detained under subsection (1)(a), the Director-General shall give —
(a)
to the importer, exporter or consignee, as the case may be, of the detained copies; and
(b)
to the owner of the copyright in the copyright material,
a written notice identifying the copies, stating that they have been detained and setting out the matters referred to in subsection (3).
[52/2004]
(3)  The detained copies of copyright material shall be released to the importer, exporter or consignee, as the case may be, of the copies, unless, within the prescribed period, the owner of the copyright in the copyright material —
(a)
in the case of copies that are imported into Singapore and that are not goods in transit —
(i)
gives the Director-General the written notice referred to in section 140B(1);
(ii)
submits to the Director-General the documents and information referred to in section 140B(2); and
(iii)
deposits with the Director-General the sum of money referred to in section 140C(a) or gives the security referred to in section 140C(b); or
(b)
in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —
(i)
institutes an action for the infringement of his copyright;
(ii)
serves on the Director-General an order of the court authorising the further detention of the copies; and
(iii)
deposits with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to —
(A)
reimburse the Government for any liability or expense it has and is likely to further incur as a result of the detention of the copies; and
(B)
pay such compensation to any person who suffers loss or damage as a result of the detention of the copies as may be ordered by the court,
or gives security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
[52/2004]
(4)  Every order of the court authorising the further detention of copies under subsection (3)(b)(ii) shall be subject to the condition that the owner of the copyright in the copyright material complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
[52/2004]
(5)  Where the court has made an order authorising the further detention of copies under subsection (3)(b)(ii) —
(a)
the detained copies shall be taken to such secure place as the Director-General directs; and
(b)
sections 140F and 140G and 140I to 140L shall apply, with the necessary modifications, to the further detention of the copies, and for the purposes of such application —
(i)
any reference to the objector shall be read as a reference to the owner of the copyright in the copyright material;
(ii)
any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained copies;
(iii)
any reference to the seized copies shall be read as a reference to the detained copies;
(iv)
any reference to the seizure of copies shall be read as a reference to the detention or further detention of the copies;
(v)
any reference to the import or importation of copies shall be read —
(A)
in the case of copies that are to be exported from Singapore, as a reference to the export of the copies; or
(B)
in the case of copies that are goods in transit and that are consigned to a person with a presence in Singapore, as a reference to the import, importation or export, of the copies by the consignee;
(vi)
any reference to infringement action shall be read as a reference to an action for the infringement of the copyright in the copyright material under subsection (3)(b)(i); and
(vii)
any reference to the retention period shall be read as a reference to the prescribed period under subsection (3).
[52/2004]
Division 7 — Powers of Search
Powers of search in relation to vessels, aircrafts and vehicles
140M.
—(1)  A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for copies of copyright material liable to be seized under section 140B(7) or detained under section 140LA.
[6/98; 52/2004]
(2)  For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following:
(a)
require the master of any vessel in Singapore to heave to;
(b)
by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;
(c)
require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection;
(d)
break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;
(e)
by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;
(f)
by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;
(g)
require the person in charge of a vehicle —
(i)
to stop and not to proceed until so authorised; or
(ii)
to bring the vehicle to any police station or examination station;
(h)
direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;
(i)
require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.
[6/98]
(3)  An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.
[6/98]
(4)  It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.
[6/98]
(5)  If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.
[6/98]
(6)  Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
[6/98]
(7)  An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore.
[6/98]
Examination of packages
140N.
—(1)  Any goods, package, box, chest or other article which is being or has recently been imported and in regard to which a reasonable suspicion exists that it is or that it contains a copy of copyright material liable to be seized under section 140B(7) or detained under section 140LA may be —
(a)
examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;
(b)
subjected to such tests or analysis as the authorised officer thinks fit;
(c)
forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article shall be afforded every reasonable facility for being present at the opening, examination and search; or
(d)
marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.
[6/98; 52/2004]
(2)  Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
[6/98]
Power to remove packages and goods to police station or examination station
140O.
—(1)  For the more convenient exercise of the powers conferred by section 140N, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.
[6/98]
(2)  Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.
[6/98]
(3)  Upon the failure by a person to comply with such a requisition, an authorised officer may remove the goods in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the goods.
[6/98]
Search of persons and baggage
140P.
—(1)  Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, shall —
(a)
on demand by an authorised officer, either permit his person and goods and baggage to be searched by the officer for any copy of copyright material liable to be seized under section 140B(7) or detained under section 140LA or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any copy of copyright material liable to be seized under section 140B(7) or detained under section 140LA; or
(b)
on demand by a senior authorised officer, permit his person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any copy of copyright material liable to be seized under section 140B(7) or detained under section 140LA.
[6/98; 52/2004]
(2)  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman and with strict regard to decency.
[6/98]
(3)  The goods and baggage of any person who requests to be present when they are searched shall not be searched except in his presence, unless he fails to be present after being given reasonable facility for being present.
[6/98]
(4)  Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the authorised officer making the demand.
[6/98]
Powers of authorised officers to enter certain premises
140Q.
—(1)  For the purpose of exercising the powers conferred by sections 140M to 140P, an authorised officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or quay or the premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A), or of the Civil Aviation Authority of Singapore.
[6/98]
(2)  In this section, “railway” has the same meaning as in the Railways Act (Cap. 263).
[6/98]
Obstruction
141.  Any person who —
(a)
refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled under this Division; or
(b)
obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Division,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.
[6/98]
Division 8 — Miscellaneous
Limitation of actions in respect of infringement of copyright
142.  An action shall not be brought for an infringement of copyright, after the expiration of 6 years from the time when the infringement took place.
[Aust. 1968, s. 134]