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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.



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