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Copyright Act 1994

Border protection measures

136A: Chief executive may suspend accepted notice

You could also call this:

"Chief Executive Can Pause a Notice if It's Incorrect or Out of Date"

Illustration for Copyright Act 1994

The chief executive can suspend an accepted notice if they think the information is not correct or is out of date. They can also suspend it if someone has not done what they were supposed to do about giving security or indemnity. You will get written advice if the chief executive wants to suspend an accepted notice. The chief executive must tell you why they want to suspend the notice and give you at least 20 working days to respond. They must consider what you say before making a decision. The chief executive can give you written advice by delivering it to you, posting it to your address, or emailing it to you. If the chief executive emails you, you are treated as having received the advice on the second working day after it was sent. The chief executive just needs to prove they sent the email to your address. You gave a notice under section 136, so the chief executive will tell you if they want to suspend it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4039115.

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136: Notice may be given to chief executive, or

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136B: Notice of suspension, or

"When a suspension happens, you get a written notice from the chief executive."

Part 7Border protection measures

136AChief executive may suspend accepted notice

  1. The chief executive may suspend an accepted notice if the chief executive is satisfied that—

  2. the information held in respect of the accepted notice is not correct or is no longer current; or
    1. there has been a failure to comply with a requirement concerning the giving of security or indemnity or both; or
      1. there has been a failure to comply with an obligation under an indemnity given for an amount in respect of the accepted notice.

        1. Before suspending an accepted notice, the chief executive must—

        2. give written advice of the chief executive’s intention to suspend the accepted notice to—
          1. the person who gave the notice under section 136; or
            1. if the chief executive has received notification of an assignment or transmission of the copyright to which the notice relates, the person notified as the current owner of the copyright; and
            2. include in or with the advice a statement of the chief executive’s reasons; and
              1. give the person to whom the advice is given not less than 20 working days to respond; and
                1. consider any response made by that person to the chief executive within the time allowed.

                  1. The written advice under subsection (2) may be given—

                  2. by delivering it to that person; or
                    1. by posting it to the most recent address for that person that has been notified to the chief executive; or
                      1. by emailing it to the person at an email address that is used by the person.

                        1. In the absence of proof to the contrary, written advice that is emailed to a person must be treated as received by the person on the second working day after the date on which it is emailed, and, in proving that the advice was emailed, it is sufficient to prove that the advice was properly addressed and sent to the email address.

                        Notes
                        • Section 136A: inserted, on , by section 9 of the Copyright Amendment Act 2011 (2011 No 72).
                        • Section 136A(3)(b): amended, on , by section 52(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                        • Section 136A(3)(c): inserted, on , by section 52(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                        • Section 136A(4): inserted, on , by section 52(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).