Commonwealth Consolidated Regulations

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COPYRIGHT REGULATIONS 1969 - REG 23M

Purpose of Part

         (1)   The purpose of this Part is to set up a scheme, as an alternative to prosecution, to enable a person who is alleged to have committed an offence of strict liability against Division 5 of Part V of the Act, or Subdivision A or B of Division 3 of Part XIA of the Act, to:

                (a)    pay a penalty, specified in an infringement notice for the alleged offence, to the Commonwealth; and

               (b)    for an alleged offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)), agree to forfeit to the Commonwealth:

                          (i)    each article (if any), in the person's possession at the time and place of the issue of the infringement notice for the alleged offence, 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), in the person's possession at the time and place of the issue of the infringement notice for the alleged offence, 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.

         (2)   This Part does not:

                (a)    require an infringement notice to be given to a person for the alleged commission of an offence; or

               (b)    affect the liability of a person to prosecution for the commission of an alleged offence if an infringement notice is not given to the person for the offence; or

                (c)    affect the liability of a person to prosecution for the commission of an alleged offence if an infringement notice is given to the person for the offence and the person does not pay the penalty stated in the notice for the offence in accordance with regulation 23U; or

               (d)    limit or otherwise affect the penalty that may be imposed by a court on a person for an offence.



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