Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 195CB

Material published but not available online

  (1)   A person commits an offence if:

  (a)   the person publishes National Library material in Australia on a particular day, but not in such a way that makes the material available online; and

  (b)   the person is not requested under section   195CC, during the period of 1 month starting on that day, to cause a copy of the material to be delivered under section   195CD; and

  (c)   the person contravenes section   195CD.

Penalty:   10 penalty units.

Material available online

  (2)   A person commits an offence if:

  (a)   the person publishes National Library material; and

  (b)   the material is available online; and

  (c)   the person is requested under section   195CC to cause a copy of the material to be delivered under section   195CD; and

  (d)   the person contravenes section   195CD.

Penalty:   10 penalty units.

Offences of strict liability

  (3)   Subsections   (1) and (2) are offences of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Not continuing offences

  (4)   Subsection   4K(2) of the Crimes Act 1914 (about continuing offences) does not apply in relation to an offence against subsection   (1) or (2).