Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_132ah:p1
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 132AH (pt 1/2)
Character Range: 23631–26242

132AH  Importing infringing copy commercially

Indictable offence

 (1) A person commits an offence if:
 (a) the person imports an article into Australia, with the intention of doing any of the following with the article:
 (i) selling it;
 (ii) letting it for hire;
 (iii) by way of trade offering or exposing it for sale or hire;
 (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
 (v) distributing it for trade;
 (vi) distributing it to obtain a commercial advantage or profit;
 (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
 (viii) by way of trade exhibiting it in public;
 (ix) exhibiting it in public to obtain a commercial advantage or profit; and
 (b) the article is an infringing copy of a work or other subject‑matter; and
 (c) copyright subsists in the work or other subject‑matter at the time of the import.

 (2) An offence against this section is punishable on conviction by a fine of not more than 650 penalty units or imprisonment for not more than 5 years, or both.

Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).

Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.

Summary offence

 (3) A person commits an offence if:
 (a) the person imports an article into Australia, with the intention of doing any of the following with the article:
 (i) selling it;
 (ii) letting it for hire;
 (iii) by way of trade offering or exposing it for sale or hire;
 (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit;
 (v) distributing it for trade;
 (vi) distributing it to obtain a commercial advantage or profit;
 (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy;
 (viii) by way of trade exhibiting it in public;
 (ix) exhibiting it in public to obtain a commercial advantage or profit; and
 (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and
 (c) copyright subsists in the work or other subject‑matter at the time of the import and the person is negligent as to that fact.

Penalty: 120 penalty units or imprisonment for