Copyright Act 1994

Border protection measures

136B: Notice of suspension

You could also call this:

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

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If the chief executive decides to suspend an accepted notice, they must give you written notice of the suspension. This notice is given to the person mentioned in section 136A(2)(a). The chief executive can give you this notice by delivering it to you, posting it to your address, or emailing it to you. The chief executive can deliver the notice to you, post it to your address, or email it to you at an address you use. If the notice is emailed to you, it is treated as received on the second working day after it is sent, unless proven otherwise.

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136A: Chief executive may suspend accepted notice, or

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136C: Chief executive may reinstate accepted notice, or

"The boss can put back a notice that was stopped if the reasons are no longer valid."

Part 7Border protection measures

136BNotice of suspension

  1. If the chief executive decides to suspend an accepted notice, the chief executive must give written notice of the suspension to the person referred to in section 136A(2)(a).

  2. The notice of suspension may be given—

  3. 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, a notice of suspension 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 notice was emailed, it is sufficient to prove that the notice was properly addressed and sent to the email address.

        Notes
        • Section 136B: inserted, on , by section 9 of the Copyright Amendment Act 2011 (2011 No 72).
        • Section 136B(2)(b): amended, on , by section 53(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
        • Section 136B(2)(c): inserted, on , by section 53(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
        • Section 136B(3): inserted, on , by section 53(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).