Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndictable offence
(1) A person commits an offence if:
(a) the person possesses a plate or recording equipment, intending it to be used for making a copy of an unauthorised sound recording of a performance; and
(b) the possession occurs during the 50 - year protection period 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 recording equipment is to be used for making a copy of a sound recording of a performance; and
(c) the recording is an unauthorised recording of the performance and the person is negligent as to that fact; and
(d) the possession occurs during the 50 - year 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 recording equipment is to be used for making a copy of a sound 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 recording is to be copied
(8) In a prosecution for an offence against this section, it is not necessary to prove which particular recording is intended to be, or will be, copied using the device.