Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 18

18. Section 133 of the Principal Act is amended-

   (a)  by omitting sub-sections (1) and (2) and substituting the following
        sub-sections:



"(1) A contravention by a person of sub-section (1) or (2) of section 132 is
an offence punishable upon summary conviction-

   (a)  if it is his first conviction of an offence by reason of a
        contravention of that section and the article or each article to which
        the contravention relates is an infringing copy of a work other than a
        cinematograph film-by a fine not exceeding $150 for the article, or
        for each article, to which the offence relates;

   (b)  if it is his first conviction of an offence by reason of a
        contravention of that section and the article or each article to which
        the contravention relates is an infringing copy of a cinematograph
        film-by a fine not exceeding $1,500 for the article, or for each
        article, to which the offence relates;

   (c)  if it is not his first conviction of an offence by reason of a
        contravention of that section and the article or each article to which
        the contravention relates is an infringing copy of a work other than a
        cinematograph film-by a fine not exceeding $150 for the article, or
        for each article, to which the offence relates or by imprisonment for
        a period not exceeding 6 months; and

   (d)  if it is not his first conviction of an offence by reason of a
        contravention of that section and the article or each article to which
        the contravention relates is an infringing copy of a cinematograph
        film-by a fine not exceeding $1,500 for the article, or for each
        article, to which the offence relates or by imprisonment for a period
        not exceeding 6 months.



"(2) Where a fine is imposed upon a person by virtue of sub- section (1)-

   (a)  if the person is prosecuted before the Federal Court of Australia-it
        shall not exceed $10,000 in respect of articles comprised in the same
        operation or transaction; and

   (b)  if the person is prosecuted before any other court-it shall not exceed
        $1,500 in respect of articles comprised in the same operation or
        transaction.";

   (b)  by omitting from paragraph (a) of sub-section (3) "Two hundred
        dollars" and substituting "$1,500";

   (c)  by omitting paragraph (b) of sub-section (3) and substituting the
        following paragraph:



"(b) in any other case-by a fine not exceeding $1,500 or by imprisonment for a
period not exceeding 6 months,"; and

(d) by inserting in sub-section (4) "or recording equipment" after "plate".