Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 132AF

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 .