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248PI Selling etc. unauthorised recording

248PI Selling etc. unauthorised recording

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(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 does any of the following acts:
(i) sells a recording of a performance;
(ii) lets for hire a recording of a performance;
(iii) by way of trade offers or exposes for sale or hire a recording of a
performance; and
(b) the act is done during the protection period of the performance; and
(c) the recording is an unauthorised recording 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 does any of the following acts:
(i) sells a recording of a performance;
(ii) lets for hire a recording of a performance;
(iii) by way of trade offers or exposes for sale or hire a recording of a
performance; and
(b) the act is done during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.

Note:

248PJ Distributing unauthorised recording
Indictable offences
(1) A person commits an offence if:
(a) the person distributes a recording of a performance, with the intention of trading;
and
(b) the distribution occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Note:

Under section 248CA, the protection period of a performance is:
(a)

a 20-year protection period so far as this section relates to a cinematograph film of the
performance; and

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(b)

a 50-year protection period so far as this section relates to a sound recording of the
performance.

(2) A person commits an offence if:
(a) the person distributes a recording of a performance; and
(b) the distribution occurs during the protection period of the performance; and
(c) the distribution will affect prejudicially the financial interests of the performer in
the performance; and
(d) the recording is an unauthorised recording.
(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 distributes a recording of a performance, with the intention of trading;
and
(b) the distribution occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording 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 a recording of a performance; and
(b) the distribution occurs during the protection period of the performance; and
(c) the distribution will affect prejudicially the financial interests of the performer in
the performance; and
(d) the recording is an unauthorised recording 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 a recording of a performance in preparation for, or in the
course of, trade; and
(b) the distribution occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
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.

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248PK Commercial possession or import of unauthorised recording
Indictable offence
(1) A person commits an offence if:
(a) the person possesses, or imports into Australia, a recording of a performance,
with the intention of doing any of the following:
(i) selling the recording;
(ii) letting the recording for hire;
(iii) by way of trade offering or exposing the recording for sale or hire;
(iv) distributing the recording either for the purpose of trade or to an extent that
will affect prejudicially the financial interests of the performer in the
performance; and
(b) the possession or import occurs during the protection period of the performance;
and
(c) the recording is an unauthorised recording.
Note:

Under section 248CA, the protection period of a performance is:
(a)

a 20-year protection period so far as this section relates to a cinematograph film of the
performance; and

(b)

a 50-year protection period so far as this section relates to a sound recording of the
performance.

(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 possesses, or imports into Australia, a recording of a performance,
with the intention of doing any of the following:
(i) selling the recording;
(ii) letting the recording for hire;
(iii) by way of trade offering or exposing the recording for sale or hire;
(iv) distributing the recording either for the purpose of trade or to an extent that
will affect prejudicially the financial interests of the performer in the
performance; and
(b) the possession or import occurs during the protection period of the performance;
and
(c) the recording is an unauthorised recording 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:

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(a) the person possesses, or imports into Australia, a recording of a performance in
preparation for, or in the course of, doing any of the following:
(i) selling the recording;
(ii) letting the recording for hire;
(iii) by way of trade offering or exposing the recording for sale or hire;
(iv) distributing the recording for trade; and
(b) the possession or import occurs during the protection period of the performance;
and
(c) the recording is an unauthorised recording.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.

Note:

248PL Exhibiting unauthorised recording in public by way of trade
Indictable offence
(1) A person commits an offence if:
(a) the person by way of trade exhibits in public a recording of a performance; and
(b) the exhibition occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Note:

Under section 248CA, the protection period of a performance is:
(a)

a 20-year protection period so far as this section relates to a cinematograph film of the
performance; and

(b)

a 50-year protection period so far as this section relates to a sound recording of the
performance.

(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 by way of trade exhibits in public a recording of a performance; and
(b) the exhibition occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording 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 by way of trade exhibits in public a recording of a performance; and

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(b) the exhibition occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.

Note:

248PM Importing unauthorised recording for exhibition by way of trade
Indictable offence
(1) A person commits an offence if:
(a) the person imports into Australia a recording of a performance, with the intention
of exhibiting the recording in public by way of trade; and
(b) the import occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Note:

Under section 248CA, the protection period of a performance is:
(a)

a 20-year protection period so far as this section relates to a cinematograph film of the
performance; and

(b)

a 50-year protection period so far as this section relates to a sound recording of the
performance.

(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 imports into Australia a recording of a performance, with the intention
of exhibiting the recording in public by way of trade; and
(b) the import occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording 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 into Australia a recording of a performance, in preparation for
exhibiting the recording in public by way of trade; and
(b) the import occurs during the protection period of the performance; and
(c) the recording is an unauthorised recording.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
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Note:

For strict liability, see section 6.1 of the Criminal Code.

Subdivision B—Acts relating to sound recordings of performances given before
1 July 1995
248QA Scope of this Subdivision
(1) This Subdivision applies to an act done in Australia on or after the commencement of
this Subdivision, in relation to a performance given at any time before 1 July 1995.
Note 1:

That day was the day on which Part 4 of the Copyright (World Trade Organization Amendments)
Act 1994 commenced.

Note 2:

This Subdivision commenced when it was included in this Act by Part 1 of Schedule 1 to the
Copyright Amendment Act 2006.

(2) This Subdivision has effect despite section 14.1 (Standard geographical jurisdiction) of
the Criminal Code.

248QB Possessing equipment for copying unauthorised sound recording
Indictable offence
(1) A person commits an offence if:
(a) the person possesses a plate or recording equipment, intending it to be used for
making a copy of an unauthorised sound recording of a performance; and
(b) the possession occurs during the 50-year protection period of the performance.
(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 possesses a plate or recording equipment; and
(b) the plate or recording equipment is to be used for making a copy of a sound
recording of a performance; and
(c) the recording is an unauthorised recording of the performance and the person is
negligent as to that fact; and
(d) the possession occurs during the 50-year protection period of the performance.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) To avoid doubt, recklessness is the fault element for the circumstance that the plate or
recording equipment is to be used for making a copy of a sound recording of a
performance.
(5) An offence against subsection (3) is a summary offence, despite section 4G of the
Crimes Act 1914.

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No need to prove which recording is to be copied
(8) In a prosecution for an offence against this section, it is not necessary to prove which
particular recording is intended to be, or will be, copied using the device.

248QC Copying unauthorised sound recording
Indictable offence
(1) A person commits an offence if:
(a) the person makes a copy of a sound recording of a performance; and
(b) the copy is made during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording.
(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 makes a copy of a sound recording of a performance; and
(b) the copy is made during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording 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 a copy of a sound recording of a performance; and
(b) the copy is made during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording.
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.

248QD Selling etc. unauthorised sound recording
Indictable offence
(1) A person commits an offence if:
(a) the person does any of the following acts:
(i) sells a sound recording of a performance;
(ii) lets for hire a sound recording of a performance;

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(iii) by way of trade offers or exposes for sale or hire a sound recording of a
performance; and
(b) the act is done during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording.
(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 does any of the following acts:
(i) sells a sound recording of a performance;
(ii) lets for hire a sound recording of a performance;
(iii) by way of trade offers or exposes for sale or hire a sound recording of a
performance; and
(b) the act is done during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording 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 does any of the following acts:
(i) sells a sound recording of a performance;
(ii) lets for hire a sound recording of a performance;
(iii) by way of trade offers or exposes for sale or hire a sound recording of a
performance; and
(b) the act is done during the 50-year protection period of the performance; and
(c) the recording is an unauthorised recording.
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.

248QE Distributing unauthorised sound recording
Indictable offences
(1) A person commits an offence if:
(a) the person distributes a sound recording of a performance, with the intention of
trade; and

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