Document ID: chunk:federal_register_of_legislation:C2024C00854:section:248pe
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 248PE
Character Range: 897639–899998

248PE  Possessing equipment to make or copy unauthorised recording

Indictable offence
 (1) A person commits an offence if:
 (a) the person possesses a plate or recording equipment, intending it to be used for making:
 (i) an unauthorised recording of a performance; or
 (ii) a copy of an unauthorised recording of a performance; and
 (b) the possession occurs during the protection period of the performance.
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 possesses a plate or recording equipment; and
 (b) the plate or equipment is to be used for making:
 (i) a recording of a performance; or
 (ii) a copy of an unauthorised recording of a performance; and
 (c) either:
 (i) the recording to be made using the plate or equipment will be an unauthorised recording of the performance; or
 (ii) the recording to be copied using the plate or equipment is an unauthorised recording of the performance;
  and the person is negligent as to that fact; and
 (d) the possession occurs during the protection period of the performance.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
 (4) To avoid doubt, recklessness is the fault element for the circumstance that the plate or equipment is to be used for making:
 (a) a recording of a performance; or
 (b) a copy of an unauthorised recording of a performance.
 (5) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.

No need to prove which performance or recording is to be involved
 (8) In a prosecution for an offence against this section, it is not necessary to prove:
 (a) which particular performance is intended to be, or will be, recorded using the device; or
 (b) which particular recording is intended to be, or will be, copied using the device.