Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132ae
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AE
Character Range: 411467–413362

132AE  Selling or hiring out infringing copy

Indictable offence
 (1) A person commits an offence if:
 (a) the person sells an article or lets an article for hire; 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 sale or letting.
 (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 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 sells an article or lets an article for hire; 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 sale or letting and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offence
 (5) A person commits an offence if:
 (a) the person sells an article or lets an article for hire; 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 sale or letting.
Penalty: 60 penalty units.
 (6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.