Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132aj:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AJ (pt 1/2)
Character Range: 426500–429100

132AJ  Possessing infringing copy for commerce

Indictable offence
 (1) A person commits an offence if:
 (a) the person possesses an article, 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 possession.
 (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 possesses an article, 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 possession and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or