74
Copyright
No. 26
(4) Where pursuant to subsection (3) a person opts to have the
alleged offence dealt with by a court__
(a) no further proceedings shall be taken under this section by
the Copyright Administrator; and
(b) nothing in this section shall be construed to prevent
proceedings in respect of the alleged offence to be dealt with by
the court or the imposition by the court of any penalty or
forfeiture under this Act upon such conviction in such
proceedings.
(5) Where pursuant to subsection (3) a person opts to admit the
alleged offence he may, by notice in writing to the Copyright
Administrator__
(a) admit the offence; and
(b) make submissions to the Copyright Administrator as to the
matters he wishes the Copyright Administrator to take into
account in imposing any penalty under this section.
(6) Where a person on whom a notice under subsection (3) is
served does not, within thirty days after the notice is served on
him__
(a) require that proceedings in respect of the alleged offence be
dealt with by the court; and
(b) admit the offence, he shall, on the expiration of that period,
be presumed to have admitted the offence.
(7) Where pursuant to this section a person admits or is presumed
to have admitted an offence, the Copyright Administrator may, after
taking into account any submissions by the person under subsection
(5), impose a monetary penalty on the person in respect of the
offence not exceeding one half of the maximum penalty to which
the person would be liable if he were convicted of the offence by the
court.
(8) Where the Copyright Administrator imposes a penalty on a
person under this section in respect of an offence, the Copyright
Administrator shall serve that person with a notice in writing in the
prescribed form of the particulars of the penalty and place where the
penalty should be paid.
(9) A person on whom a penalty is imposed under this section
shall pay the penalty to the Society within thirty days after the
notice of the penalty is served on him in accordance with subsection
(8).
(10) Without prejudice to the requirement of subsection (9), a
penalty imposed under this section shall be recoverable by the