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COPYRIGHT ACT 1968 - SECT 132AL Making or possessing device for making infringing copy

COPYRIGHT ACT 1968 - SECT 132AL

Making or possessing device for making infringing copy

Indictable offences

  (1)   A person commits an offence if:

  (a)   the person makes a device, intending it to be used for making an infringing copy of a work or other subject - matter; and

  (b)   copyright subsists in the work or other subject - matter at the time of the making of the device.

  (2)   A person commits an offence if:

  (a)   the person possesses a device, intending it to be used for making an infringing copy of a work or other subject - matter; and

  (b)   copyright subsists in the work or other subject - matter at the time of the possession.

  (3)   An offence against subsection   (1) or (2) 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:   A corporation may be fined up to 5 times the amount of the maximum fine (see subsection   4B(3) of the Crimes Act 1914 ).

Summary offences

  (4)   A person commits an offence if:

  (a)   the person makes a device; and

  (b)   the device is to be used for copying a work or other subject - matter; and

  (c)   the copy will be an infringing copy and the person is negligent as to that fact; and

  (d)   copyright subsists in the work or other subject - matter at the time of the making of the device and the person is negligent as to that fact.

Penalty:   120 penalty units or imprisonment for 2 years, or both.

  (5)   A person commits an offence if:

  (a)   the person possesses a device; and

  (b)   the device is to be used for copying a work or other subject - matter; and

  (c)   the copy will be an infringing copy and the person is negligent as to that fact; and

  (d)   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.

  (6)   To avoid doubt, recklessness is the fault element for the circumstance in paragraphs   (4)(b) and (5)(b) that the device is to be used for copying a work or other subject - matter.

  (7)   An offence against subsection   (4) or (5) is a summary offence, despite section   4G of the Crimes Act 1914 .

Strict liability offence

  (8)   A person commits an offence if:

  (a)   the person makes a device; and

  (b)   the device is to be used for copying a work or other subject - matter; and

  (c)   the copy will be an infringing copy; and

  (d)   copyright subsists in the work or other subject - matter at the time of the making of the device.

Penalty:   60 penalty units.

  (10)   Subsection   (8) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

No need to prove which work etc. is to be copied

  (11)   In a prosecution for an offence against this section, it is not necessary to prove which particular work or other subject - matter is intended to be, or will be, copied using the device.