Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_248pb
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 248PB
Character Range: 75530–77631

248PB  Unauthorised indirect recording during protection period

Indictable offence

 (1) A person commits an offence if:
 (a) the person makes an indirect recording of a performance; and
 (b) the recording is made during the protection period of the performance; and
 (c) the recording is made without the authority of the performer.

Note: Under section 248CA, the protection period of a performance is:

(a) a 20‑year protection period so far as this section relates to a cinematograph film of the performance; and

(b) a 50‑year protection period so far as this section relates to a sound recording of the performance.

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

Summary offence

 (3) A person commits an offence if:
 (a) the person makes an indirect recording of a performance; and
 (b) the recording is made during the protection period of the performance; and
 (c) the recording is made without the authority of the performer 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 makes an indirect recording of a performance; and
 (b) the recording is made during the protection period of the performance; and
 (c) the recording is made without the authority of the performer.

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.

Defence

 (7) Subsection (1), (3) or (5) does not apply if the recording was made solely for the person's private and domestic use.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).