Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 102

Infringement by importation for sale or hire

             (1)  Subject to sections 112A, 112C, 112D and 112DA, a copyright subsisting by virtue of this Part is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia 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:

                              (i)  for the purpose of trade; or

                             (ii)  for any other purpose to an extent that will affect prejudicially the owner of the copyright; or

                     (c)  by way of trade exhibiting the article in public;

if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

             (2)  In relation to an accessory to an article that is or includes a copy of subject-matter in which copyright subsists by virtue of this Part, being a copy that was made without the licence of the owner of the copyright in the country in which the copy was made, subsection (1) has effect as if the words "the importer knew, or ought reasonably to have known, that" were omitted.



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