Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135ASH

Making decoder available online for subscription broadcast

  (1)   A person commits an offence if:

  (a)   a decoder was supplied (to the person or anyone else) by, or with the authorisation of, the broadcaster of a subscription broadcast; and

  (b)   the person makes the decoder available online; and

  (c)   the decoder is made available online without the authorisation of the broadcaster; and

  (d)   the decoder will be used to enable a person to gain access to a subscription broadcast without the authorisation of the broadcaster; and

  (e)   the decoder is made available online to an extent that will prejudicially affect any of the following:

  (i)   anyone with an interest in the copyright in a subscription broadcast by the broadcaster;

  (ii)   anyone with an interest in the copyright in the content of a subscription broadcast by the broadcaster;

  (iii)   a channel provider who supplies the broadcaster with a channel for a subscription broadcast.

  (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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