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COPYRIGHT ACT 1968 - SECT 135ASJ

Causing unauthorised access to encoded broadcast etc.

  (1)   A person commits an offence if:

  (a)   the person does an act; and

  (b)   the act is done by way of trade; and

  (c)   the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

  (d)   the access is not authorised by the broadcaster; and

  (e)   the access to the sounds or images is not gained from:

  (i)   a cinematograph film, or sound recording, made of the encoded broadcast; or

  (ii)   a copy of such a film or recording.

Note:   Paragraph   (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section   101.

  (2)   A person commits an offence if:

  (a)   the person does an act with the intention of obtaining a commercial advantage or profit; and

  (b)   the act results in the person or anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

  (c)   the access is not authorised by the broadcaster; and

  (d)   the access to the sounds or images is not gained from:

  (i)   a cinematograph film, or sound recording, made of the encoded broadcast; or

  (ii)   a copy of such a film or recording.

Note:   Paragraph   (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section   101.

  (3)   A person commits an offence if:

  (a)   the person does an act; and

  (b)   the act results in anyone else gaining access in intelligible form to an encoded broadcast or sounds or images from an encoded broadcast; and

  (c)   the access is not authorised by the broadcaster and the person knows that; and

  (d)   the act does not consist merely of one or more of the following:

  (i)   starting the playing of sounds or images in or from the broadcast on a device (for example by switching the device on);

  (ii)   distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and

  (e)   the access to the sounds or images is not gained from:

  (i)   a cinematograph film, or sound recording, made of the encoded broadcast; or

  (ii)   a copy of such a film or recording.

Note:   Paragraph   (e)--the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section   101.

  (4)   An offence against subsection   (1), (2) or (3) 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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