Document ID: chunk:federal_register_of_legislation:C2024C00854:section:132af:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 132AF (pt 1/2)
Character Range: 413362–415859

132AF  Offering infringing copy for sale or hire

Indictable offences
 (1) A person commits an offence if:
 (a) the person by way of trade offers or exposes an article for sale or 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 offer or exposure.
 (2) A person commits an offence if:
 (a) the person offers or exposes an article for sale or hire, with the intention of obtaining 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 offer or exposure.
 (3) An offence against subsection (1) or (2) 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 offences
 (4) A person commits an offence if:
 (a) the person by way of trade offers or exposes an article for sale or 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 offer or exposure and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (5) A person commits an offence if:
 (a) the person offers or exposes an article for sale or hire, with the intention of obtaining 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 offer or exposure and the person is negligent as to that fact.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.

Strict liability offences
 (7) A person commits an offence if:
 (a) the person by way of trade offers or exposes an article for sale or hire; and
 (b)