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248QD Selling etc. unauthorised sound recording

248QD Selling etc. unauthorised sound recording

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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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(b) the distribution occurs during the 50-year protection period of the performance;
and
(c) the recording is an unauthorised recording.
(2) A person commits an offence if:
(a) the person distributes a sound recording of a performance; and
(b) the distribution occurs during the 50-year 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 sound recording of a performance, with the intention of
trade; and
(b) the distribution occurs 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.
(5) A person commits an offence if:
(a) the person distributes a sound recording of a performance; and
(b) the distribution occurs during the 50-year 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 sound recording of a performance in preparation for, or in
the course of, trade; and
(b) the distribution occurs during the 50-year protection period of the performance;
and
(c) the recording is an unauthorised recording.

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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.

248QF Commercial possession or import of unauthorised sound recording
Indictable offence
(1) A person commits an offence if:
(a) the person possesses, or imports into Australia, a sound 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 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 possesses, or imports into Australia, a sound 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 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:

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(a) the person possesses, or imports into Australia, a sound 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 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.

248QG Exhibiting unauthorised sound 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 sound recording of a performance;
and
(b) the exhibition occurs 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 by way of trade exhibits in public a sound recording of a performance;
and
(b) the exhibition occurs 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 by way of trade exhibits in public a sound recording of a performance;
and

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(b) the exhibition occurs 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.

248QH Importing unauthorised sound recording for exhibition by way of trade
Indictable offence
(1) A person commits an offence if:
(a) the person imports into Australia a sound recording of a performance, with the
intention of exhibiting the recording in public by way of trade; and
(b) the import occurs 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 imports into Australia a sound recording of a performance, with the
intention of exhibiting the recording in public by way of trade; and
(b) the import occurs 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 imports into Australia a sound recording of a performance in
preparation for exhibiting the recording in public by way of trade; and
(b) the import occurs 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.”

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