Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_248qd
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 248QD
Character Range: 104622–106650

248QD  Selling etc. unauthorised sound recording

Indictable offence

 (1) A person commits an offence if:
 (a) the person does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year protection period of the performance; and
 (c) the recording is an unauthorised recording.

 (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 does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year protection period of the performance; and
 (c) the recording is an unauthorised recording and the person is negligent as to that fact.

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) the person does any of the following acts:
 (i) sells a sound recording of a performance;
 (ii) lets for hire a sound recording of a performance;
 (iii) by way of trade offers or exposes for sale or hire a sound recording of a performance; and
 (b) the act is done during the 50‑year protection period of the performance; and
 (c) the recording is an unauthorised recording.

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.