Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable offence
(1) A person commits an offence if:
(a) the person possesses an article, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject-matter; and
(c) copyright subsists in the work or other subject-matter at the time of the possession.
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person possesses an article, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject-matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject-matter at the time of the possession and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person possesses an article in preparation for, or in the course of, doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject-matter; and
(c) copyright subsists in the work or other subject-matter at the time of the possession.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .