Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:9_135ash
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 9 cl 135ASH
Character Range: 200754–201996

135ASH  Making decoder available online for subscription broadcast

 (1) A person commits an offence if:
 (a) a decoder was supplied (to the person or anyone else) by, or with the authorisation of, the broadcaster of a subscription broadcast; and
 (b) the person makes the decoder available online; and
 (c) the decoder is made available online without the authorisation of the broadcaster; and
 (d) the decoder will be used to enable a person to gain access to a subscription broadcast without the authorisation of the broadcaster; and
 (e) the decoder is made available online to an extent that will prejudicially affect any of the following:
 (i) anyone with an interest in the copyright in a subscription broadcast by the broadcaster;
 (ii) anyone with an interest in the copyright in the content of a subscription broadcast by the broadcaster;
 (iii) a channel provider who supplies the broadcaster with a channel for a subscription broadcast.

 (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).