Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132aq
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AQ
Character Range: 458637–461228

132AQ  Removing or altering electronic rights management information

Indictable offence
 (1) A person commits an offence if:
 (a) copyright subsists in a work or other subject‑matter; and
 (b) either:
 (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
 (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
 (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) copyright subsists in a work or other subject‑matter; and
 (b) either:
 (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
 (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
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) copyright subsists in a work or other subject‑matter; and
 (b) either:
 (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
 (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and
 (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
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.