Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 132AJ

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person possesses an article, with the intention of doing any of the following with the article:

  (i)   selling it;

  (ii)   letting it for hire;

  (iii)   by way of trade offering or exposing it for sale or hire;

  (iv)   offering or exposing it for sale or hire to obtain a commercial advantage or profit;

  (v)   distributing it for trade;

  (vi)   distributing it to obtain a commercial advantage or profit;

  (vii)   distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject - matter of which the article is an infringing copy;

  (viii)   by way of trade exhibiting it in public;

  (ix)   exhibiting it in public to obtain 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 possession.

  (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 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 offence

  (3)   A person commits an offence if:

  (a)   the person possesses an article, with the intention of doing any of the following with the article:

  (i)   selling it;

  (ii)   letting it for hire;

  (iii)   by way of trade offering or exposing it for sale or hire;

  (iv)   offering or exposing it for sale or hire to obtain a commercial advantage or profit;

  (v)   distributing it for trade;

  (vi)   distributing it to obtain a commercial advantage or profit;

  (vii)   distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject - matter of which the article is an infringing copy;

  (viii)   by way of trade exhibiting it in public;

  (ix)   exhibiting it in public to obtain 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 possession 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 possesses an article in preparation for, or in the course of, doing any of the following with the article:

  (i)   selling it;

  (ii)   letting it for hire;

  (iii)   by way of trade offering or exposing it for sale or hire;

  (iv)   offering or exposing it for sale or hire to obtain a commercial advantage or profit;

  (v)   distributing it for trade;

  (vi)   distributing it to obtain a commercial advantage or profit;

  (vii)   distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject - matter of which the article is an infringing copy;

  (viii)   by way of trade exhibiting it in public;

  (ix)   exhibiting it in public to obtain 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 possession.

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 .