Commonwealth Numbered Acts

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 149 of 1994 - SECT 16

16. After section 248Q of the Principal Act the following sections are
inserted: Further offences relating to sound recordings of certain
performances

"248QA. (1) This section applies to an act done in Australia on or after the
date of commencement of Part 4 of the Copyright (World Trade Organization
Amendments) Act 1994 in relation to a performance given at any time before
that date.



"(2) A person must not, at any time during the protection period of a
performance, have in his or her possession any plate or recording equipment
that the person knows, or ought reasonably to know, is to be used for making a
copy of an unauthorised sound recording of the performance.



"(3) A person must not, at any time during the protection period of a
performance, make a copy of a sound recording of the performance if the person
knows, or ought reasonably to know, that the recording is an unauthorised
recording.



"(4) A person must not, at any time during the protection period of a
performance:

   (a)  sell, let for hire, or by way of trade offer or expose for sale or
        hire, a sound recording of the performance; or

   (b)  distribute a sound recording of the performance for the purpose of
        trade, or for any other purpose to an extent that will affect
        prejudicially the financial interests of the performer or performers
        in the performance; or

   (c)  have in his or her possession a sound recording of the performance for
        the purpose of:

        (i)    selling it, letting it for hire, or by way of trade offering or
               exposing it for sale or hire; or

        (ii)   distributing it for the purpose of trade, or for any other
               purpose to an extent that will affect prejudicially the
               financial interests of the performer or performers in the
               performance; or

   (d)  import a sound recording of the performance into Australia for the
        purpose of:

        (i)    selling it, letting it for hire, or by way of trade offering or
               exposing it for sale or hire; or

        (ii)   distributing it for the purpose of trade, or for any other
               purpose to an extent that will affect prejudicially the
               financial interests of the performer or performers in the
               performance; if the person knows, or ought reasonably to know,
               that the recording is an unauthorised recording.



"(5) A person must not, at any time during the protection period of a
performance:

   (a)  by way of trade exhibit in public a sound recording of the
        performance; or

   (b)  import a sound recording of the performance into Australia for the
        purpose of exhibiting the recording in public by way of trade; if the
        person knows, or ought reasonably to know, that the recording is an
        unauthorised recording.

Protection against multiple prosecutions for same act

"248QB. If an act done in relation to a performance constitutes a
contravention of section 248P or 248Q and of section 248QA, a prosecution may
be instituted in respect of the offence against section 248R arising out of
the contravention of section 248P or 248Q (as the case may be) or the offence
against section 248R arising out of the contravention of section 248QA, but
not both.".