Commonwealth Numbered Acts Commonwealth Numbered Acts1 At the end of section 49
Add:
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
2 At the end of section 50
Add:
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
3 At the end of subsection 51A(4)
Add:
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
4 At the end of subsection 110B(3)
Add:
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
5 Subsection 126B(8)
Repeal the subsection.
6 Section 132
Repeal the section, substitute:
In this Division:
"article" includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.
"copyright material" means:
(a) a work; or
(b) a published edition of a work; or
(c) a sound recording; or
(d) a cinematograph film; or
(e) a television or sound broadcast; or
(f) a work that is included in a sound recording, a cinematograph film or a television or sound broadcast.
"distribute" , except in Subdivision E, includes distribute by way of communication.
"place of public entertainment" includes premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.
"profit" does not include any advantage, benefit, or gain, that:
(a) is received by a person; and
(b) results from, or is associated with, the person's private or domestic use of any copyright material.
132AB Geographical application
(1) Subdivisions B, C, D, E and F apply only to acts done in Australia.
(2) This section has effect despite section 14.1 (Standard geographical jurisdiction) of the Criminal Code .
Subdivision B -- Substantial infringement on a commercial scale
132AC Commercial‑scale infringement prejudicing copyright owner
Indictable offence
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in one or more infringements of the copyright in a work or other subject‑matter; and
(c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright; and
(d) the infringement or infringements occur on a commercial scale.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in one or more infringements of the copyright in a work or other subject‑matter; and
(c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright and the person is negligent as to that fact; and
(d) the infringement or infringements occur on a commercial scale and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Determining whether infringements occur on commercial scale
(5) In determining whether one or more infringements occur on a commercial scale for the purposes of paragraph (1)(d) or (3)(d), the following matters are to be taken into account:
(a) the volume and value of any articles that are infringing copies that constitute the infringement or infringements;
(b) any other relevant matter.
Defence relating to law enforcement and national security
(6) This section does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
(a) the Commonwealth or a State or Territory; or
(b) an authority of the Commonwealth or of a State or Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
Defence for certain public institutions etc.
(7) This section does not apply in respect of anything lawfully done by the following in performing their functions:
(a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals);
(b) a body mentioned in:
(i) paragraph (a) of the definition of archives in subsection 10(1); or
(ii) subsection 10(4);
(c) an educational institution;
(d) a public non‑commercial broadcaster, including:
(i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992 ; and
(ii) a body that holds a community broadcasting licence within the meaning of that Act.
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code ).
Subdivision C -- Infringing copies
132AD Making infringing copy commercially
Indictable offence
(1) A person commits an offence if:
(a) the person makes an article, with the intention of:
(i) selling it; or
(ii) letting it for hire; or
(iii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter when the article is made.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person makes an article, with the intention of:
(i) selling it; or
(ii) letting it for hire; or
(iii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter when the article is made and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person makes an article in preparation for, or in the course of:
(i) selling it; or
(ii) letting it for hire; or
(iii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter when the article is made.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AE Selling or hiring out infringing copy
Indictable offence
(1) A person commits an offence if:
(a) the person sells an article or lets an article for hire; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the sale or letting.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person sells an article or lets an article for hire; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the sale or letting and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person sells an article or lets an article for hire; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the sale or letting.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AF Offering infringing copy for sale or hire
Indictable offences
(1) A person commits an offence if:
(a) the person by way of trade offers or exposes an article for sale or hire; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure.
(2) A person commits an offence if:
(a) the person offers or exposes an article for sale or hire, with the intention of obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
(a) the person by way of trade offers or exposes an article for sale or hire; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure 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 offers or exposes an article for sale or hire, with the intention of obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offences
(7) A person commits an offence if:
(a) the person by way of trade offers or exposes an article for sale or hire; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure.
Penalty: 60 penalty units.
(8) A person commits an offence if:
(a) the person offers or exposes an article for sale or hire, in preparation for, or in the course of, obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure.
Penalty: 60 penalty units.
(9) Subsections (7) and (8) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AG Exhibiting infringing copy in public commercially
Indictable offences
(1) A person commits an offence if:
(a) the person by way of trade exhibits an article in public; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition.
(2) A person commits an offence if:
(a) the person exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
(a) the person by way of trade exhibits an article in public; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition 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 exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offences
(7) A person commits an offence if:
(a) the person by way of trade exhibits an article in public; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition.
Penalty: 60 penalty units.
(8) A person commits an offence if:
(a) the person exhibits an article in public in preparation for, or in the course of, obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the exhibition.
Penalty: 60 penalty units.
(9) Subsections (7) and (8) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AH Importing infringing copy commercially
Indictable offence
(1) A person commits an offence if:
(a) the person imports an article into Australia, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the import.
(2) An offence against this section is punishable on conviction by a fine of not more than 650 penalty units or imprisonment for not more than 5 years, or both.
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person imports an article into Australia, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the import and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person imports an article into Australia in preparation for, or in the course of, doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the import.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AI Distributing infringing copy
Indictable offences
(1) A person commits an offence if:
(a) the person distributes an article, with the intention of:
(i) trading; or
(ii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the distribution.
(2) A person commits an offence if:
(a) the person distributes an article; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the distribution; and
(d) the extent of the distribution affects prejudicially the owner of the copyright.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
(a) the person distributes an article, with the intention of:
(i) trading; or
(ii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the distribution 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 distributes an article; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) copyright subsists in the work or other subject‑matter at the time of the distribution and the person is negligent as to that fact; and
(d) the extent of the distribution affects prejudicially the owner of the copyright and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(7) A person commits an offence if:
(a) the person distributes an article in preparation for, or in the course of:
(i) trading; or
(ii) obtaining a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the distribution.
Penalty: 60 penalty units.
(9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AJ Possessing infringing copy for commerce
Indictable offence
(1) A person commits an offence if:
(a) the person possesses an article, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the possession.
(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 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914 ).
Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person possesses an article, with the intention of doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
(c) 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.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person possesses an article in preparation for, or in the course of, doing any of the following with the article:
(i) selling it;
(ii) letting it for hire;
(iii) by way of trade offering or exposing it for sale or hire;
(iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
(v) distributing it for trade;
(vi) distributing it to obtain a commercial advantage or profit;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
(b) the article is an infringing copy of a work or other subject‑matter; and
(c) copyright subsists in the work or other subject‑matter at the time of the possession.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AK Aggravated offence--work etc. converted to digital form
(1) An indictable offence against a provision (the basic offence provision ) of this Subdivision (except sections 132AL and 132AM) relating to an infringing copy is an aggravated offence if the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form.
(2) An aggravated offence is punishable on conviction by a fine of not more than 850 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 ).
(3) To prove an aggravated offence, the prosecution must prove that the defendant was reckless with respect to the circumstance that the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form.
Note: The prosecution must also prove all the physical and fault elements of the offence against the basic offence provision.
(4) If the prosecution intends to prove an aggravated offence, the charge must allege that the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form.
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.
132AM Advertising supply of infringing copy
Summary offence
(1) A person commits an offence if:
(a) the person, by any means, publishes, or causes to be published, an advertisement for the supply in Australia of a copy (whether from within or outside Australia) of a work or other subject‑matter; and
(b) the copy is, or will be, an infringing copy.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Location of supply of copy by communication resulting in creation of copy
(2) For the purposes of this section, a communication of a work or other subject‑matter that, when received and recorded, will result in the creation of a copy of the work or other subject‑matter is taken to constitute the supply of a copy of the work or other subject‑matter at the place where the copy will be created.
Subdivision D -- Airing of works, sound recordings and films
132AN Causing work to be performed publicly
Indictable offence
(1) A person commits an offence if:
(a) the person causes a literary, dramatic or musical work to be performed; and
(b) the performance is in public at a place of public entertainment; and
(c) the performance infringes copyright in the work.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) the person causes a literary, dramatic or musical work to be performed; and
(b) the performance is in public at a place of public entertainment; and
(c) the performance infringes copyright in the work and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
132AO Causing recording or film to be heard or seen in public
Indictable offence
(1) A person commits an offence if:
(a) the person causes:
(i) a sound recording to be heard; or
(ii) images from a cinematograph film to be seen; or
(iii) sound from a cinematograph film to be heard; and
(b) the hearing or seeing occurs in public at a place of public entertainment; and
(c) causing the hearing or seeing infringes copyright in the recording or film.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) the person causes:
(i) a sound recording to be heard; or
(ii) images from a cinematograph film to be seen; or
(iii) sound from a cinematograph film to be heard; and
(b) the hearing or seeing occurs in public at a place of public entertainment; and
(c) causing the hearing or seeing infringes copyright in the recording or film and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person causes:
(ii) images from a cinematograph film to be seen; or
(iii) sound from a cinematograph film to be heard; and
(b) the hearing or seeing occurs in public at a place of public entertainment; and
(c) causing the hearing or seeing infringes copyright in the recording or film.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Subdivision F -- Electronic rights management information
132AQ Removing or altering electronic rights management information
Indictable offence
(1) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) either:
(i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
(ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) either:
(i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
(ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) either:
(i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
(ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Indictable offence
(1) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does any of the following acts in relation to the work or subject‑matter:
(i) distributes a copy of the work or subject‑matter with the intention of trading or obtaining a commercial advantage or profit;
(ii) imports a copy of the work or subject‑matter into Australia with the intention of trading or obtaining a commercial advantage or profit;
(iii) communicates a copy of the work or subject‑matter to the public; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or
(ii) any electronic rights management information that relates to the work or subject‑matter has been altered;
without the permission of the owner or exclusive licensee of the copyright; and
(e) the person knows that the information has been removed or altered without that permission; and
(f) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does any of the following acts in relation to the work or subject‑matter:
(i) distributes a copy of the work or subject‑matter with the intention of trading or obtaining a commercial advantage or profit;
(ii) imports a copy of the work or subject‑matter into Australia with the intention of trading or obtaining a commercial advantage or profit;
(iii) communicates a copy of the work or subject‑matter to the public; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or
(ii) any electronic rights management information that relates to the work or subject‑matter has been altered;
without the permission of the owner or exclusive licensee of the copyright; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does any of the following acts in relation to the work or subject‑matter:
(i) distributes a copy of the work or subject‑matter in preparation for, or in the course of, trading or for obtaining a commercial advantage or profit;
(ii) imports a copy of the work or subject‑matter into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit;
(iii) communicates a copy of the work or subject‑matter to the public; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or
(ii) any electronic rights management information that relates to the work or subject‑matter has been altered;
without the permission of the owner or exclusive licensee of the copyright; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
132AS Distributing or importing electronic rights management information
Indictable offence
(1) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter:
(i) distributes the electronic rights management information with the intention of trading or obtaining a commercial advantage or profit;
(ii) imports the electronic rights management information into Australia with the intention of trading or obtaining a commercial advantage or profit; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or
(ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and
(e) the person knows that the information has been removed or altered without that permission; and
(f) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
(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 ).
Summary offence
(3) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter:
(i) distributes the electronic rights management information with the intention of trading or obtaining a commercial advantage or profit;
(ii) imports the electronic rights management information into Australia with the intention of trading or obtaining a commercial advantage or profit; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or
(ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) copyright subsists in a work or other subject‑matter; and
(b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter:
(i) distributes the electronic rights management information in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit;
(ii) imports the electronic rights management information into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit; and
(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
(d) either:
(i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or
(ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Law enforcement and national security
(1) This Subdivision does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
(a) the Commonwealth or a State or Territory; or
(b) an authority of the Commonwealth or of a State or Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code ).
Certain public institutions etc.
(2) This Subdivision does not apply in respect of anything lawfully done by the following in performing their functions:
(a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals);
(b) a body mentioned in:
(i) paragraph (a) of the definition of archives in subsection 10(1); or
(ii) subsection 10(4);
(c) an educational institution;
(d) a public non‑commercial broadcaster, including:
(i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992 ; and
(ii) a body that holds a community broadcasting licence within the meaning of that Act.
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
132AU Prosecution to prove profit
(1) This section applies if, in the prosecution of an offence against this Division, either of the following questions is relevant:
(a) whether the defendant intended to obtain a profit;
(b) whether the defendant did something for, in preparation for, or in the course of, obtaining a profit.
(2) The burden of proving that any advantage, benefit or gain does not result from, or is not associated with, any private or domestic use of any copyright material is on the prosecution.
Note: For the purposes of this Division, section 132AA defines profit as not including any advantage, benefit, or gain,