Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135AOA

  (1)   A channel provider, or anyone with an interest in the copyright in either an encoded broadcast or the content of an encoded broadcast, may bring an action against a person if:

  (a)   the person does any of the acts described in subsection   (2) with an unauthorised decoder; and

  (b)   the person knows, or ought reasonably to know, that the unauthorised decoder will be used to enable someone to gain access to an encoded broadcast without the authorisation of the broadcaster.

  (2)   The acts with the unauthorised decoder are as follows:

  (a)   making the unauthorised decoder;

  (b)   selling the unauthorised decoder or letting it for hire;

  (c)   by way of trade, or with the intention of obtaining a commercial advantage or profit, offering or exposing the unauthorised decoder for sale or hire;

  (d)   exhibiting the unauthorised decoder in public by way of trade or with the intention of obtaining a commercial advantage or profit;

  (e)   distributing the unauthorised decoder (including by exporting it from Australia) for the purpose of trade, or for a purpose 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;

  (f)   importing the unauthorised decoder into Australia for the purpose of:

  (i)   selling the unauthorised decoder or letting it for hire; or

  (ii)   by way of trade, or with the intention of obtaining a commercial advantage or profit, offering or exposing the unauthorised decoder for sale or hire; or

  (iii)   exhibiting the unauthorised decoder in public by way of trade or with the intention of obtaining a commercial advantage or profit; or

  (iv)   distributing the unauthorised decoder for the purpose of trade, or for a purpose 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;

  (g)   making the unauthorised decoder available online to an extent 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.

  (3)   The action may be brought only within 6 years of the act.

  (4)   In an action under this section it must be presumed that the defendant knew, or ought reasonably to have known, that the unauthorised decoder would be used as described in paragraph   (1)(b), unless the defendant proves otherwise.