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COPYRIGHT ACT 1968 - SECT 133B

Infringement notices

             (1)  The regulations may make provision enabling a person who is alleged to have committed an offence of strict liability against this Division to do both of the following as an alternative to prosecution:

                     (a)  pay a penalty to the Commonwealth;

                     (b)  forfeit to the Commonwealth:

                              (i)  each article (if any) that is alleged to be an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence; and

                             (ii)  each device (if any) that is alleged to have been made to be used for making an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence.

Note:          Regulations made for this purpose will make provision to the effect that a prosecution of an alleged offender will be avoided if the alleged offender both pays a penalty to the Commonwealth and forfeits to the Commonwealth all relevant articles and devices (if any).

             (2)  The penalty must equal one-fifth of the maximum fine that a court could impose on the person as a penalty for that offence.



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