Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COPYRIGHT ACT 1968 - SECT 248QB

Possessing equipment for copying unauthorised sound recording

Indictable 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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback