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COPYRIGHT ACT 1968 - SECT 135ASJ

Causing unauthorised access to encoded broadcast etc.

             (1)  A person commits an offence if:

                     (a)  the person does an act; and

                     (b)  the act is done by way of trade; and

                     (c)  the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

                     (d)  the access is not authorised by the broadcaster; and

                     (e)  the access to the sounds or images is not gained from:

                              (i)  a cinematograph film, or sound recording, made of the encoded broadcast; or

                             (ii)  a copy of such a film or recording.

Note:          Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

             (2)  A person commits an offence if:

                     (a)  the person does an act with the intention of obtaining a commercial advantage or profit; and

                     (b)  the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

                     (c)  the access is not authorised by the broadcaster; and

                     (d)  the access to the sounds or images is not gained from:

                              (i)  a cinematograph film, or sound recording, made of the encoded broadcast; or

                             (ii)  a copy of such a film or recording.

Note:          Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

             (3)  A person commits an offence if:

                     (a)  the person does an act; and

                     (b)  the act results in anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

                     (c)  the access is not authorised by the broadcaster and the person knows that; and

                     (d)  the act does not consist merely of one or more of the following:

                              (i)  starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);

                             (ii)  distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and

                     (e)  the access to the sounds or images is not gained from:

                              (i)  a cinematograph film, or sound recording, made of the encoded broadcast; or

                             (ii)  a copy of such a film or recording.

Note:          Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.

             (4)  An offence against subsection (1), (2) or (3) 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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