Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section permits an action to be brought against a person if:
(a) without the authorisation of the broadcaster of an encoded broadcast, the person does an act causing the person or anyone else to gain access in intelligible form to the broadcast or sounds or images from the broadcast; and
(b) the access will prejudicially affect any of the following persons (the affected parties ):
(i) anyone with an interest in the copyright in an encoded broadcast by the broadcaster;
(ii) anyone with an interest in the copyright in the content of an encoded broadcast by the broadcaster;
(iii) a channel provider who supplies the broadcaster with a channel for an encoded broadcast; and
(c) the person knows, or ought reasonably to know, that the access is not authorised by the broadcaster.
Note: Paragraph (a)--examples of causing a person to gain access to the broadcast or sounds or images from the broadcast include:
(a) using, or authorising the use of, a decoder so the person gains access to the broadcast, sounds or images; and
(b) distributing, or authorising the distribution of, the sounds or images to the person after they are obtained from the broadcast using a decoder.
(2) The action may be brought by any of the affected parties but only within 6 years of the act.
(3) Subsection (1) does not apply to:
(a) an act consisting merely of one or more of the following:
(i) starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);
(ii) listening to sounds in or from the broadcast and/or seeing images in or from the broadcast;
(iii) distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; or
(b) access to the sounds or images gained from:
(i) a cinematograph film, or sound recording, made of the encoded broadcast; or
(ii) a copy of such a film or recording.
Note: Paragraph (b)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.