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COPYRIGHT ACT 1968 - SECT 135ASE

Importing unauthorised decoder commercially

  (1)   A person commits an offence if:

  (a)   the person imports an unauthorised decoder into Australia with the intention of doing any of the following with the unauthorised decoder:

  (i)   selling the unauthorised decoder;

  (ii)   letting the unauthorised decoder for hire;

  (iii)   offering or exposing the unauthorised decoder for sale or hire, by way of trade or to obtain a commercial advantage or profit;

  (iv)   exhibiting the unauthorised decoder in public by way of trade or to obtain a commercial advantage or profit;

  (v)   distributing the unauthorised decoder for trade;

  (vi)   distributing the unauthorised decoder to obtain a commercial advantage or profit;

  (vii)   distributing the unauthorised decoder in preparation for, or in the course of, engaging in an activity that will prejudicially affect a channel provider or anyone with an interest in the copyright in either an encoded broadcast or the content of an encoded broadcast; and

  (b)   the unauthorised decoder will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.

  (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 ).


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