Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable 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.
(9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .