Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:9_135ase
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 9 cl 135ASE
Character Range: 197575–199006

135ASE  Importing unauthorised decoder commercially

 (1) A person commits an offence if:
 (a) the person imports an unauthorised decoder into Australia with the intention of doing any of the following with the unauthorised decoder:
 (i) selling the unauthorised decoder;
 (ii) letting the unauthorised decoder for hire;
 (iii) offering or exposing the unauthorised decoder for sale or hire, by way of trade or to obtain a commercial advantage or profit;
 (iv) exhibiting the unauthorised decoder in public by way of trade or to obtain a commercial advantage or profit;
 (v) distributing the unauthorised decoder for trade;
 (vi) distributing the unauthorised decoder to obtain a commercial advantage or profit;
 (vii) distributing the unauthorised decoder in preparation for, or in the course of, engaging in an activity that will prejudicially affect a channel provider or anyone with an interest in the copyright in either an encoded broadcast or the content of an encoded broadcast; and
 (b) the unauthorised decoder will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.

 (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).