Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_248qb
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 248QB
Character Range: 101454–103127

248QB  Possessing equipment for copying unauthorised sound 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 a copy of an unauthorised sound recording of a performance; and
 (b) the possession occurs during the 50‑year protection period 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 recording equipment is to be used for making a copy of a sound recording of a performance; and
 (c) the recording is an unauthorised recording of the performance and the person is negligent as to that fact; and
 (d) the possession occurs during the 50‑year 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 recording equipment is to be used for making a copy of a sound 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 recording is to be copied

 (8) In a prosecution for an offence against this section, it is not necessary to prove which particular recording is intended to be, or will be, copied using the device.