Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 248PE

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person possesses a plate or recording equipment, intending it to be used for making:

  (i)   an unauthorised recording of a performance; or

  (ii)   a copy of an unauthorised recording of a performance; and

  (b)   the possession occurs during the protection period of the performance.

Note:   Under section   248CA, the protection period of a performance is:

(a)   a 20 - year protection period so far as this section relates to a cinematograph film of the performance; and

(b)   a 50 - year protection period so far as this section relates to a sound recording of the performance.

  (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:   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 offence

  (3)   A person commits an offence if:

  (a)   the person possesses a plate or recording equipment; and

  (b)   the plate or equipment is to be used for making:

  (i)   a recording of a performance; or

  (ii)   a copy of an unauthorised recording of a performance; and

  (c)   either:

  (i)   the recording to be made using the plate or equipment will be an unauthorised recording of the performance; or

  (ii)   the recording to be copied using the plate or equipment is an unauthorised recording of the performance;

    and the person is negligent as to that fact; and

  (d)   the possession occurs during the protection period of the performance.

Penalty:   120 penalty units or imprisonment for 2 years, or both.

  (4)   To avoid doubt, recklessness is the fault element for the circumstance that the plate or equipment is to be used for making:

  (a)   a recording of a performance; or

  (b)   a copy of an unauthorised recording of a performance.

  (5)   An offence against subsection   (3) is a summary offence, despite section   4G of the Crimes Act 1914 .

No need to prove which performance or recording is to be involved

  (8)   In a prosecution for an offence against this section, it is not necessary to prove:

  (a)   which particular performance is intended to be, or will be, recorded using the device; or

  (b)   which particular recording is intended to be, or will be, copied using the device.