Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable offence
(1) A person commits an offence if:
(a) the person makes a copy of a sound recording of a performance, intending that the copy be used in a sound - track; and
(b) the copy is made during the 20 - year protection period of the performance; and
(c) the copy is made without the authority of the performer; and
(d) the sound recording is an authorised sound recording; and
(e) the making of the sound recording was not authorised for the purpose of use in that or any other sound - track.
(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 makes a copy of a sound recording of a performance, intending that the copy be used in a sound - track; and
(b) the copy is made during the 20 - year protection period of the performance; and
(c) the copy is made without the authority of the performer and the person is negligent as to that fact; and
(d) the sound recording is an authorised sound recording; and
(e) the making of the sound recording was not authorised for the purpose of use in that or any other sound - track and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914 .
Strict liability offence
(5) A person commits an offence if:
(a) the person makes a copy of a sound recording of a performance in preparation for use in a sound - track; and
(b) the copy is made during the 20 - year protection period of the performance; and
(c) the copy is made without the authority of the performer; and
(d) the sound recording is an authorised sound recording; and
(e) the making of the sound recording was not authorised for the purpose of use in that or any other sound - track.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .