Indictable offences
(1) A person commits an offence if:
(a) the person makes a device, intending it to be used for making an infringing copy of a work or other subject - matter; and
(b) copyright subsists in the work or other subject - matter at the time of the making of the device.
(2) A person commits an offence if:
(a) the person possesses a device, intending it to be used for making an infringing copy of a work or other subject - matter; and
(b) copyright subsists in the work or other subject - matter at the time of the possession.
(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 makes a device; and
(b) the device is to be used for copying a work or other subject - matter; and
(c) the copy will be an infringing copy and the person is negligent as to that fact; and
(d) copyright subsists in the work or other subject - matter at the time of the making of the device 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 possesses a device; and
(b) the device is to be used for copying a work or other subject - matter; and
(c) the copy will be an infringing copy and the person is negligent as to that fact; and
(d) 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.
(6) To avoid doubt, recklessness is the fault element for the circumstance in paragraphs (4)(b) and (5)(b) that the device is to be used for copying a work or other subject - matter.
(7) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(8) A person commits an offence if:
(a) the person makes a device; and
(b) the device is to be used for copying a work or other subject - matter; and
(c) the copy will be an infringing copy; and
(d) copyright subsists in the work or other subject - matter at the time of the making of the device.
(10) Subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
No need to prove which work etc. is to be copied
(11) In a prosecution for an offence against this section, it is not necessary to prove which particular work or other subject - matter is intended to be, or will be, copied using the device.