Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person does an act; and
(b) the act is done by way of trade; and
(c) the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and
(d) the access is not authorised by the broadcaster; 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: Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
(2) A person commits an offence if:
(a) the person does an act with the intention of obtaining a commercial advantage or profit; and
(b) the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and
(c) the access is not authorised by the broadcaster; and
(d) 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: Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
(3) A person commits an offence if:
(a) the person does an act; and
(b) the act results in anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded 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) 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: Paragraph (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
(4) An offence against subsection (1), (2) or (3) 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 ).