Commonwealth Consolidated Acts Commonwealth Consolidated ActsA person commits an offence if:
(a) the person does an act; and
(b) the act (either alone or in conjunction with other acts) results in the person gaining access in intelligible form to a subscription broadcast or sounds or images from a subscription broadcast; and
(c) the access is not authorised by the broadcaster and the person knows that; and
(d) the act does not consist 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; and
(e) the access to the sounds or images is not 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: The making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.