Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135ASH

Making decoder available online for subscription broadcast

             (1)  A person commits an offence if:

                     (a)  a decoder was supplied (to the person or anyone else) by, or with the authorisation of, the broadcaster of a subscription broadcast; and

                     (b)  the person makes the decoder available online; and

                     (c)  the decoder is made available online without the authorisation of the broadcaster; and

                     (d)  the decoder will be used to enable a person to gain access to a subscription broadcast without the authorisation of the broadcaster; and

                     (e)  the decoder is made available online to an extent that will prejudicially affect any of the following:

                              (i)  anyone with an interest in the copyright in a subscription broadcast by the broadcaster;

                             (ii)  anyone with an interest in the copyright in the content of a subscription broadcast by the broadcaster;

                            (iii)  a channel provider who supplies the broadcaster with a channel for a subscription broadcast.

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



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