Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:1_133b
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 1 cl 133B
Character Range: 57767–58874

133B  Infringement notices

 (1) The regulations may make provision enabling a person who is alleged to have committed an offence of strict liability against this Division to do both of the following as an alternative to prosecution:
 (a) pay a penalty to the Commonwealth;
 (b) forfeit to the Commonwealth:
 (i) each article (if any) that is alleged to be an infringing copy of a work or other subject‑matter and that is alleged to have been involved in the commission of the offence; and
 (ii) each device (if any) that is alleged to have been made to be used for making an infringing copy of a work or other subject‑matter and that is alleged to have been involved in the commission of the offence.

Note: Regulations made for this purpose will make provision to the effect that a prosecution of an alleged offender will be avoided if the alleged offender both pays a penalty to the Commonwealth and forfeits to the Commonwealth all relevant articles and devices (if any).

 (2) The penalty must equal one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence.